S. SUNDARARAJAN Vs. MEDICAL COUNCIL OF INDIA

JUDGEMENT

(1.) The ethics proceedings initiated by the Medical Council of India on the basis of CBI report is challenged in this Writ Petition by a Radiologist based at Madurai, primarily on the ground that the Council has no jurisdiction to initiate any such action against registered medical practitioners, invoking the provisions of Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002.

(2.) The petitioner, after completing his M.B.B.S. Degree from Madurai Medical College, has enrolled his name on the rolls of Tamil Nadu Medical Council on 24.04.1990. Subsequently, the petitioner completed his P.G. Degree in M.D.Radiology. The petitioner served as Assistant Professor in Radiology in the State of Karnataka and thereafter, he joined Arupadai Veedu Medical College and Hospital, Pondicherry as Associate Professor in the department of Radiology. The petitioner was promoted as Professor in the department of Radiology and he worked in the said capacity till 31.07.2011. Thereafter, he left the institution and started his own Scan Centre (Karunai C.T. Scan Centre) at Madurai.

(3.) While so, the Central Bureau of Investigation conducted inspection at Arupadai Vedu Medical College and Hospital, Pondicherry. The CBI officials found that the petitioner was only a name lender and he never worked as a member of the faculty. The CBI registered a case against the institution. The CBI appears to have submitted a report to the Medical Council of India to initiate appropriate proceedings against the concerned medical officers. The Medical Council of India, on receipt of the said report, issued a notice to the petitioner, dated 08.05.2014 to show cause as to why action should not be taken against him under the provisions of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002. The petitioner was directed to appear before the Ethics Committee at 10.30 a.m., on 16 May, 2014.