When warning can be issued to Doctor as per PCPNDT Act?
Such letter of warning is to be issued to a practitioner after
holding due inquiry and on finding him guilty of any misconduct. The
expression “misconduct” has been explained in Section 22 (1) of the
Act of 1965 to mean conviction of a registered practitioner by a
criminal court for an offence which involves moral turpitude and which
is cognizable within the meaning of the Code of Criminal Procedure,
1973. Under Rule 62 of Rules of 1967 the Council can hold an inquiry
as regards the misconduct for the purposes of Section 22 of the Act of
1965.
13.
In the present case, admittedly, no inquiry has been held
against the petitioner as contemplated by Chapter VI of the Rules of
1967. In fact, the petitioner has not yet been found guilty of any
misconduct contemplated by the explanation to Section 22 (1) of the
Act of 1965. Merely a charge has been framed in the criminal
proceedings initiated under Section 23 (2) of the Act of 1994. The stage
of issuing a letter of warning would come into play only if the
petitioner is found guilty of any misconduct after holding an inquiry in
the manner prescribed. The petitioner not having been convicted for an
offence involving moral turpitude and there being no inquiry held as
contemplated by Section 22 (1) of the Act of 1965 in the manner
prescribed, it is clear that the first part of the impugned communication
issuing warning to the petitioner is not in accordance with law.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Dr Megha Mahendra Topale
CIVIL WRIT PETITION No. 11731 of 2013.
Vs
Navi Mumbai Municipal Corporation & ors
CORAM :A.S. OKA & A.S.CHANDURKAR,JJ
PRONOUNCED ON:28th July,2014.
Citation;2014(5) MHLJ 323
https://www.lawweb.in/2014/09/when-warning-can-be-issued-to-doctor-as.html
