2016 (6) ADR 32 ::(2016) 232 DLT 669

Delhi High Court

Hon'ble Judge(s): G. Rohini, C. J., Jayant Nath , JJ

(A) Medical Council Act (102 of 1956) S. 33 — Medical Council (Professional Conduct, Etiquette and Ethics) Regulations (2002), Ch 7 — Professional misconduct — Disciplinary action — Powers of Medical Council of India — Instances of professional misconduct which are given in Chapter 7 do not constitute and intended to constitute a complete list of infamous acts which call for disciplinary action — MCI or the State Medical Council is not precluded from considering and dealing with any other form of professional misconduct on the part of a registered medical practitioner — Allegations of sexual harassment, outraging modesty, criminal intimidation levelled against petitioner — No specific reference to either Clause 7 4 or Clause 7 5 of the Regulations in the show-cause notice while seeking to initiate inquiry against the petitioner — Impugned show-cause notice and the consequential inquiry are not without jurisdiction on the ground that neither Clause 7 4 nor Clause 7 5 is attracted (Paras 29, 30, 31)

(B) Medical Council Act (102 of 1956) S. 33 — Medical Council (Professional Conduct, Etiquette and Ethics) Regulations (2002), Ch 7 — Professional misconduct — Disciplinary action — Closure of criminal proceedings — Effect on disciplinary proceedings — Closure/withdrawal of criminal proceedings cannot be a ground to conclude that delinquent is not guilty of professional misconduct — Refusal by single Judge to interfere with inquiry pending before Ethics Committee, proper (Paras 33, 34)

(C) Medical Council Act (102 of 1956) S. 3, 3A, 3C, 33 — Medical Council (Professional Conduct, Etiquette and Ethics) Regulations (2002), Ch 7 — Professional misconduct — Directions by Govt debarring delinquent from attending MCI meetings — Validity — It is always open to the Government of India in exercise of its incidental and ancillary powers to direct a member against whom serious allegations of misconduct are made and are being inquired into by MCI, not to attend meetings as a member of MCI, till inquiry is concluded It is no doubt true that the IMC Act, 1956 does not expressly provide for debarring a member of MCI from attending the meetings. However, on a combined reading of the various provisions of the IMC Act, it is apparent that the MCI is a mere recommendatory body whose functioning is controlled and regulated by the Government of India. Under Section 3 of the Act, the Government of India is the competent authority to constitute MCI and Section 3A further empowers the Government of India to supersede the Council itself, in which event the President, Vice President and members of the Council shall vacate their offices. Further as per Section 3C members of Council are bound by the directions if any given by the Central Government. That being the case, it is always open to the Government of India in exercise of its incidental and ancillary powers to direct a member against whom serious allegations of misc....