No doctor should be punished without following principles of natural justice: HC
The Hindu
Judge suggests guidelines for conduct of disciplinary proceedings
The Madras High Court has disapproved of punishment of suspension imposed by Tamil Nadu Medical Council (TNMC) against a gastroenterologist who was only a witness in disciplinary proceedings initiated against another doctor. The court has also insisted the Council lay down a standard operating procedure (SOP) to ensure that no doctor gets punished without following the principles of natural justice.
Justice R. Mahadevan wrote: “It is the responsibility of the medical council to proceed against medical practitioners, if there is any breach or violation… At the same time, the council also owes a duty to protect the medical practitioners who are rendering yeomen service for the betterment of the general public from the onslaught of frivolous complaints and also from proceeding against them in a hasty manner.”
The orders were passed while allowing a writ petition filed by gastroenterologist P. Basumani who had put in 35 years of practice. The judge quashed an order passed by TNMC on May 4 removing the petitioner’s name from the Medical Register for a period of six months. He held that the petitioner had been punished without being afforded an opportunity to defend himself effectively by cross examining the witnesses and so on.