SADANAND MADHUKAR INGLE Vs. MAHARASHTRA MEDICAL COUNCIL

JUDGEMENT

(1.) Rule, made returnable forthwith. Heard finally by consent of the learned counsels appearing for the parties.

(2.) The challenge in this petition is to the order dated 26122013 passed by the Maharashtra Medical Council, Mumbai (for short, "the said Council"), in exercise of its power conferred by Section 22 of the Maharashtra Medical Council Act, 1965 (for short, "the said Act"), suspending the registration of the petitioner as a medical practitioner. The order suspending the registration, is reproduced below :

(3.) The question, which falls for consideration is, whether there is a power of suspend the registration of a medical practitioner, pending criminal prosecution or an enquiry into the acts of misconduct The provision of Section 22 of the Maharashtra Medical Council Act fell for consideration of the Division Bench of this Court in the case of Ramineni Venugopal Somaiah and another v. Maharashtra Medical Council, Mumbai, 2013 6 MhLJ 42. It was a case where an order passed by the Maharashtra Medical Council suspending registrations of the medical practitioners for a period of five years till the final decision of a criminal case on charges framed against them for contravention of the provisions of PCPNDT Act and the Rules framed thereunder, was sought to be set aside. The Division of this Court considered the provision of Section 23(2) of PCPNDT Act, which runs as under :