Dr. Pradeep Nambiar v. Delhi Medical Council & ORS.

#61 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3193/2016 & CM APPL. 13682/2016 DR. PRADEEP NAMBIAR ..... Petitioner Through Mr. Sacchin Puri with Mr. Vishesh Issar and Ms. Hrishika Pandit, Advocates versus DELHI MEDICAL COUNCIL AND ORS. ..... Respondents Through Mr. Praveen Khattar, Advocate for R-1/DMC.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 18.04.2016 Matter has been listed upon special mentioning being allowed by the Division Bench.

It is pertinent to mention that a perusal of the paper book reveals that on 12th April, 2016 petitioner has filed an appeal with respondent-MCI under Regulation 8.8 of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 against the impugned order dated 4th April, 2016. Since admittedly the aforesaid appeal is not likely to be listed or heard before the penalty imposed by respondent-DMC comes into effect, i.e., on 1st May, 2016, this Court is of the opinion that petitioner cannot be condemned unheard.

Consequently, present writ petition and application are disposed of with a direction to the Ethics Committee of respondent-MCI to dispose of petitioner's appeal as expeditiously as possible, preferably within a period of six months. Till the statutory appeal is disposed of, it is directed that the impugned order dated 4th April, 2016 passed by respondent-DMC shall not be given effect to.

Order dasti to both the parties.

MANMOHAN, J APRIL 18, 2016 rn