NIKHIL RAHEJA Vs. MEDICAL COUNCIL OF INDIA

JUDGEMENT

(1.) The petitioner has filed the present petition, inter alia, impugning an order dated 19.08.2017 (hereafter 'the impugned order') passed by the Medical Council of India (MCI) in an appeal preferred by respondent no. 4 (Ms Shalini Gupta) against an order dated 30.08.2012 passed by the Delhi Medical Council (DMC). By the said order, DMC had accepted the decision of the Executive Committee of DMC not to entertain the complaint against the petitioner.

(2.) The complainant (respondent no.4) had filed a complaint with the DMC alleging that the petitioner was involved in criminal conspiracy with her father-in-law and others. She alleged that she was compelled to withdraw certain complaints and proceedings that she had instituted against her husband and his family. She had also alleged that the petitioner had submitted a fake medical document before this Court on 02.05.2008.

(3.) The Executive Committee of DMC had examined the complaint and found that it was not apposite for them to entertain any dispute regarding criminal conspiracy considering that the criminal proceedings initiated by the respondent no.4 against her husband and in-laws had been quashed by this Court. The Executive Committee of DMC had observed that since the allegations made by respondent no. 4 were of criminal conspiracy and fraud, it would not be apposite for DMC to consider the same till the investigating agencies under the criminal justice system examine the same.