Dr. Rakesh Chandra vs Union Of India & 4 Ors.
2013 Latest Caselaw 6036 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 

 
Case :- WRIT - A No. - 52423 of 2013
 

 
Petitioner :- Dr. Rakesh Chandra
 
Respondent :- Union Of India & 4 Ors.
 
Counsel for Petitioner :- Avnish Kumar Srivastava,Sudhir Kumar Kesarwani
 
Counsel for Respondent :- A.S.G.I.,K.Zaidi
 

 
Hon'ble Rajes Kumar,J.

Hon'ble Aditya Nath Mittal,J.

Learned counsel for the petitioner states that on the request of Sri Shri Pal Singh, the father of Smt. Upasna, (patient) the petitioner examined her. The letter of the father is Annexure-1 to the writ petition. He submitted that Smt. Upasna has a strained relationship with her husband Sri Vikas Thakran and when she has been beaten, an FIR has been lodged and on the direction of the Police Officer to get herself medically examined, she went to the hospital along with her father Sri Shri Pal Singh. On the request of Sri Shri Pal Singh, the petitioner examined Smt. Upasna in his presence. A complaint has been filed by Sri Vikas Thakran, husband of Smt. Upasna, before the U.P. Medical Council. The Ethical Committee of U.P. Medical Council, Lucknow heard the complainant and also the petitioner and after examination of the complaint, it has been held that the petitioner cannot be held guilty of misconduct, medical negligence or making fraudulent medicolegal report. Sri Vikas Thakaran filed an appeal against the order of the U.P. Medical Council before the Medical Council of India. The Medical Council of India vide impugned order dated 24.8.2013 has decided to remove the name of Dr. Rakesh Chandra for a period of six months from the date of issue of the order of punishment by concerned Council. He submitted that the reasons given for taking such decision are baseless, without any substance, incorrect and contrary to the record.

Prima facie, we find substance in the argument of learned counsel for the petitioner. The matter requires consideration.

Sri K. Zaidi, Advocate, appears on behalf of respondent nos. 2 and 3. Respondent no. 1 is represented by Sri Navneet Kumar Mishra, Advocate. Issue notice to respondent no. 4 and 5. All the respondents may file counter affidavit within four weeks. Rejoinder affidavit may be filed within two weeks thereafter.

List thereafter.

Until further order of this Court, the operation of the order dated 24.8.2013 passed by the Medical Council of India, Annexure-4 to the writ petition, shall remain stayed.

Order Date :- 24.9.2013

OP