Dr.S.D.Shahul Hameed, v. The Medical Council Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.01.2022 CORAM :

THE HONOURABLE MR.JUSTICE S.M. SUBRAMANIAM W.P.NO.16557 OF 2016 AND W.M.P.NOS.14300 & 14301 OF 2016 Dr.S.D.Shahul Hameed

...Petitioner

Vs.

1.The Medical Council of India Represented by its Secretary Pocket -14, Sector-8, Dwarka, New Delhi - 110 077.

2.The Tamil Nadu State Medical Council Represented by its Registrar, New No.914, Old No. 569, Poonamallee High Road, Arumbakkam, Chennai - 600 106.

3.Thirumuruga Kirupananda Variyar Thavathiru Sundara Swamigal Medical Educational and Charitable Trust, No.15, Bank Street, Kilpauk Chennai - 600 010.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari calling for the records relating to the impugned order passed by the first respondent in his proceedings No. MCI-211(2) (621) (CBI)/2012-Ethics dated 16.03.2015 and its corrigendum with Ref.No.MCI-211(2)(621)(CBI)2012-Ethics/101923 dated 10.04.2015; qaush the same in so far it relates to the petitioner herein listed in Serial No.12 in the impugned order and its corrigendum. For Petitioner :

Mr.K.Elango For Respondent 1 :

M/s.Shubharanjani For Respondent 2 :

Mr.G.Sankaran https://hcservices.ecourts.gov.in/hcservices/

O R D E R

The order impugned contemplates that suspension of practice by the petitioner that a period of three months. Further the petitioner was debarred from undertaking any post of medical teacher or any post of similar nature in any University or Medical College for a period of five years. The period of punishment expired and therefore, no further adjudication on merits needs to be undertaken.

2. However, if the petitioner is not facing any other disciplinary proceedings and if there is no legal impediment, then the ptitioner may be allow to continue to practice in accordance with law. The said request made by the petitioner is to be considered by the competent authority.

3. With the above said observations, this Writ Petition stands disposed of.

No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS-IX) // True Copy // Sub Assistant Registrar vsg To 1.The Secretary The Medical Council of India Pocket -14, Sector-8, Dwarka, New Delhi - 110 077.

2.The Registrar The Tamil Nadu State Medical Council New No.914, Old No. 569, Poonamallee High Road, Arumbakkam Chennai - 600 106.

3.Thirumuruga Kirupananda Variyar Thavathiru Sundara Swamigal Medical Educational and Charitable Trust, No.15, Bank Street, Kilpauk Chennai - 600 010.

+1cc to M/s.K.Elango, Advocate Sr.No.3654 W.P.No.16557 of 2016 and W.M.P.Nos. 14300 & 14301 of 2016 PMK(CO) RVM(08/02/2022) https://hcservices.ecourts.gov.in/hcservices/