L C OBULESU Vs. A P MEDICAL COUNCIL

JUDGEMENT

(1.) Dr. L.C. Obulesu, who is an M.D. in Forensic Medicine and working as Assistant Professor in the Government General Hospital at Kurnool, has filed this writ petition questioning the legality and validity of the order dated 4-5-1995 passed by the Andhra Pradesh Medical Council, first respondent herein, directing removal of the name of the petitioner from the Medical Register for a period of three months from the date of serving notice by the Registrar in this behalf under Section 17(2) read with Section 15(4) of the Andhra Pradesh Medical Practitioners Registration (Amendment) Act, 1986 (hereinafter referred to as 'the Act'). The facts leading to the writ petition may be stated briefly: On 26-10-1993 one Amrutharaj was murdered in Cuddapah town in a stabbing incident and a crime was registered by the police in that behalf and inquest was held on 27-10-1993 at the Government Head-Quarters Hospital, Cuddapah, in the presence of mediators. In the inquest report four injuries on the body of the deceased were noted i.e., two injuries on the abdomen, one injury on the head and another injury on the right eye-brow. Later on the same day, Post-Mortem examination was conducted by Dr. B. Ramachandraiah, Civil Assistant Surgeon, District Hospital, Cuddapah. In the Post-Mortem examination certificate issued by him, Dr. B. Ramachandraiah stated mat he found only two injuries on the abdomen and opined that the deceased died of shock and haemorrhage due to the said two injuries. In view of the discrepancy between the inquest report and the post-mortem certificate, the investigating officer requested the Mandal Revenue Officer, Cuddapah (Executive Magistrate) to have the body of the deceased exhumed and second Post- Mortem examination conducted. Thereupon the Mandal Revenue Officer addressed two letters dated 1-11-1993. One was addressed to the Resident Medical Officer, Government Head-Quarters Hospital, Cuddapah, requesting him to send a team of doctors to conduct exhumation pf the dead body of Amrutharaj in his (M.R.O's) presence and to issue Post-Mortem certificate on the injuries that were caused on the dead body of the deceased prior to his burial. The other letter was addressed to the Assistant Director of Forensic Laboratory, Kumool, to depute Assistant Professor of the Medical College, Kumool, to conduct Re-Post Mortem examination of the dead body of Amrutharaj which was buried on 28-10-1993 stating that Dr. Ramachandraiah, who conducted the Post-Mortem examination on 27-10-1993 noted only two injuries in the Post-Mortem Report instead of four injuries. The Assistant Director of Forensic Laboratory, Kumool, on receipt of the said letter addressed by the Mandal Revenue Officer made an endorsement thereon instructing the petitioner herein, who is the Assistant Professor of Forensic Medicine, to attend to the said work of exhumation and Re-Post-Mortem examination. As per the said instructions, the petitioner carried out the exhumation of the body and conducted Re-Post Mortem examination on 4-11-1993. After conducting the Re-Post Mortem examination, the petitioner issued a Post-Mortem certificate stating that there are three injuries on the body of the deceased i.e., two injuries on the abdomen and a third injury on the head. He, however, confirmed that the death is due to the stab injury on the abdomen. On the basis of the second Post- Mortem certificate issued by the petitioner, the police filed a charge-sheet not only against A-1 to A-6 whose names were disclosed during the investigation but also against Dr. B. Ramachandraiah as the 7th accused alleging that he issued a false Post-Mortem certificate without disclosing the head injury and thereby committed an offence punishable under Section 2011.P.C. After he was implicated as an accused in the case, Dr. B. Ramachandraiah was arrested. He was, however, subsequently discharged as no sanction was obtained from the Government under Section 197 Cr.P.C. The case was committed to Sessions Court against A-1 to A-6 which ended in acquittal of all the accused. After he was discharged from the case, Dr. B. Ramachandraiah sent a complaint dated 7-3-1994 to the Andhra Pradesh Medical Council stating that after he issued the Post-Mortem certificate dated 27-10-1993, two of his collegues, namely Dr, D. Israel Raju, Civil Surgeon (Specialist) and Dr. S. Feroz Begum, Medical Superintendent, pressurised him to issue a revised Post-Mortem certificate at the instance of the police, but he refused to oblige them and that the police, acting in collusion with the said two doctors, ultimately managed to have a second Post-Mortem examination cond ucted by the petitioner herein who gave a false Post-Mortem certificate adding one more injury which resulted in implicating him (Dr. Ramachandraiah) as an accused leading to his arrest and thereby he was humiliated and his reputation was damaged. He, therefore, prayed for action to be taken against the petitioner herein and the two other doctors named in the complaint. Acting on the said complaint received from Dr. B. Ramachandraiah, the Andhra Pradesh Medical Council issued notices dated 20-5-1994 to the petitioner herein as well as to the two other doctors calling upon them to offer their remarks and objections to the complaint. The petitioner submitted his remarks and objections on 30-5-1994 denying that he issued any false Post-Mortem certificate and asserting that he, in fact, found three injuries on the body i.e., two on the abdomen and one on the head. The petitioner also found fault with Dr. B. Ramachandraiah in not referring to the discrepancy between the inquest report and his own (Dr. Ramachandraiah's) findings with regard to the injuries on the body in the Post-Mortem certificate issued by him (Dr. Ramachandraiah).

(2.) After going through the complaint and the remarks and objections submitted by the petitioner, the Med ical Council felt that there was a prima facie case for holding enquiry into the matter and accordingly it issued a notice dated 7-2-1995 to the petitioner framing a charge that he has given a false Post-Mortem certificate on 7-11-1993 by adding another injury and that he has also given replies to the questionnaire given by the Circle Inspector of Police, East Circle, Cuddapah which are contrary to his P.M. Certificate, against the principles of natural justice and medical ethics, and thereby he is guilty of infamous conduct in a professional respect and he was called upon to appear before the special committee appointed by the Counsit on 15-2-1995 to consider the abovementioned charges against the petitioner and decide whether or not to direct the petitioner's name to be removed from the register of Registered Medical Practioners pursuant to Sections 15 and 17 of the Act. The petitioner was also called upon by the said notice to submit his defence to the charges along with all the relevant documents and any other information which he may desire to furnish to the special committee. The petitioner, once again, submitted an explanation on 14-2-1995 denying the charges and reiterating that he noticed one more injury on the head which was not mentioned by the complainant. In his explanation the petitioner further submitted that since the matter is sub judice and the murder case is still pending, the enquiry cannot be held against him as it is likely to result in grave injustice and prejudice to him. The special committee of experts consisting of three members, namely, Dr. G.R. Bhaskar, Professor & Head of the Department of Forensic Medicine, Deccan College of Medical Science, Hyderabad (Chairman), Dr. K.S. Narayana Reddy, retired Principal and Professor (Forensic Medicine-OMC) (Member) and Dr. C. Ramamohan, Joint Director of Medical Education (Convenor and Member), after recording the statements of the complainant and the petitioner on 15-2-1995 and after considering the material on record, submitted its report on 17-2-1995 pointing out certain errors committed by the petitioner as well as the complainant (Dr. Ramachandraiah) in the Post-Mortem certificates issued by them respectively. It also pointed out some inconsistencies between the Post-Mortem certificate issued by the petitioner and his evidence before the committee. The Experts Committee did not, however, express any opinion as to whether the petitioner was guilty of charges levelled against him or not. It did not also recommend any action against the petitioner. The report of the Experts Committee was considered by the Ethical Committee at its meeting held on 19-3-1995 which was presided over by the Chairman Dr. N. Venkat Rao and attended by three other members including Dr. C. Ramamohan who figured as one of the members of the Experts Committee also. The Ethical Committee, concurring with the findings of the Experts Committee, came to the conclusion that the petitioner deserves penal punishment from A.P. Med ical Council as the charge of issuing improper false certificate has been prima facie established and accordingly recommended three months' temporary erasure of registration of the petitioner to prevent such irregularities in future. The Ethical Committee/ however, held that the allegations made by the complainant Dr. Ramachandraiah against Dr. Israel Raju and Dr. Begumare not established and hence recommended that they may be discharged of the charges. The Ethical Committee further recommended that action should be taken against the concerned M.R.O. and the police officers for their actions which resulted in humiliation and mental agony to the complainant and suggested that the A.P. Medical Council may address the Government for taking action against the concerned officials.

(3.) At its 4th annual meeting and 7th session held on 20-3-1995, the A.P. Medical Council, after considering the case in the light of the reports submitted by the Experts Committee and the Ethical Committee, resolved that the petitioner is guilty of infamous conduct as he issued an improper and false Post-Mortem certificate on account of which Dr. B. Ramachandraiah has been made an accused and had to face a lot of mental agony and the Medical Council decided to remove the name of the petitioner from the Medical Register for a period of three months from the date of serving notice by the Registrar in this behalf. The said decision taken by the Medical Council was communicated to the petitioner by the Registrar of the Medical Council on 4-5-1995. Questioning the same, the petitioner has filed the present writ petition.