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Power of state government to suspend licence of doctors unde

 

Power of state government to suspend licence of Doctors under PCPNDT aCT

 


There is a distinction between suspensions which are made as
holding operations and suspensions by way of punishment. Although
the said Act does not expressly provide for interim suspension, the
State Medical Council would always have the power in appropriate
cases or grave urgency to suspend the registration as a holding action
and afford the registered medical practitioner a post-decisional
hearing. Such an order pending the enquiry would not be a penalty or
punishment. It would be open thereafter for the Council, after the
enquiry is conducted, to suspend the registration for such period of

time as may be warranted by the facts of a particular case. The period
Such an order, after hearing the medical officer finally,
offence.
of suspension naturally would depend upon the nature of the alleged
would be by way of penalty.
33.
In Anand Rathi & Ors. v. SEBI & Anr. (2002) 1 LJSOFT 82 = 1

Vazifdar, J.) was a party, held :-
Mah.L.J. 522, a Division Bench of this Court, to which one of us (S.J.
““28. In the instance case the impugned order has been
passed not by way of punishment or penalty but only by
way of an interim measure, pending enquiry into the
manipulations. There is a well settled distinction in law
between the suspensions which are made as holding
operation pending enquiry and suspensions by way of
punishment. As observed by Lord Denning in Lewis v.
Heffer (supra), (cited with approval by the Supreme
Court in Liberty Oil Mills) there is a distinction between
the suspensions which are inflicted by way of
punishment, as for instance, when a member of the Bar
is suspended for six months or when a Solicitor is
suspended from practice. He said (All E. R. page 364
para 13):
"But they do not apply to suspensions which are
made, as a holding operation, pending enquiries.
Very often irregularities are disclosed in a gov-
ernment department or in a business house: and a
man may be suspended on full pay pending en-
quiries. Suspicion may rest on him; and so he is
suspended until he is cleared of it. No one, so far
as I know, has ever questioned such a suspension
on the ground that it could not be done unless he

is given notice of the charge and an opportunity
of defending himself and so forth. The suspension
in such a case is merely done by way of good ad-
ministration. A situation has arisen in which
something must be done at once. The work of the
department or the office is being affected by ru-
mours and suspicions. The others will not trust
the man. In order to get back to proper work, the
man is suspended . At that stage the rules of natu-
ral justice do not apply.

WRIT PETITION NO.1176 OF 2013
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION

2. Dr. Prabhudas Solanki )

Versus

1. Dr. Ramineni Venugopal Somaiah )

Citation;2013(6) MH L J 42 bombay
CORAM : S. J. VAZIFDAR &
M. S. SONAK, JJ.
FRIDAY, 23RD AUGUST, 2013.

https://www.lawweb.in/2013/11/power-of-state-government-to-suspend.html



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