S.MAHAVEER SHIVAJI Vs. SECRETARY

JUDGEMENT

(1.) THE arguments advanced by Mr.S.Mahaveer Shivaji, who appears as a party-in-person, by Mr.V.P.Raman, learned counsel for the first respondent, by Mr.Veera Kathiravan, learned counsel for the second respondent, by Mr.M.S.Ramesh, learned Additional Government Pleader representing the third respondent and by Mr.Ravi Anantha Padmanabhan, learned counsel for the fourth respondent are heard. Writ petition, counter and the materials produced in the form of typed set of papers are also perused.

(2.) MR .S.Mahaveer Shivaji, the petitioner, who appears in person, contends that when he submitted a complaint to the second respondent, namely the Tamil Nadu Medical Council, alleging professional misconduct on the part of the fourth respondent, the same was not considered on its merit and on the other hand, the second respondent issued a reply informing him that Tamil Nadu Medical Council was not empowered to take disciplinary proceedings against the misdeeds allegedly done by Sri Ramachandra Medical Centre and its staff; that in view of the said reply, he had to approach the Medical Council of India with a complaint against the fourth respondent and also the above said hospital for necessary disciplinary action; that the Medical Council of India also sent a reply dated 10.06.2008 stating that the complaint of the petitioner could not be taken up for consideration assuming that it was an appeal preferred against the order of the Tamil Nadu Medical Council and that such an appeal was time barred under clause 8.7 and 8.8 of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 and that the same would show that the petitioner, who preferred a complaint to the regulating bodies against the fourth respondent and the above said hospital for necessary action for professional misconduct, was tossed from pillar to post without any ray of hope of getting the desired remedy.

(3.) THE copy of the complaint sent to the Medical Council of India is found at page 1 to 5 of the typed set of papers filed along with the petition. It is obvious from the same, a replica of a complaint lodged with the police, was signed on 28.12.2007 and sent to the Secretary, Medical Council of India. Copies of the postal receipt showing despatch of the same to the Medical Council of India and the postal acknowledgment card are also available in the typed set of papers at pages 6 and 27 respectively. The order of the first respondent dated 10.06.2008 also refers to the said complaint regarding which the said order came to be passed. The same was referred to in the order of the first respondent in the following lines: