Dr.Dinaker Samuel Victor, M.D (General Medicine) v. Ethics And Medical Registration Board

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY DR.DINAKER SAMUEL VICTOR, M.D (GENERAL MEDICINE), REGISTRATION NO.45883, HAVING ADDRESS AT;

U-7, 4TH MAIN ROAD, ANNA NAGAR, CHENNAI- 600 040.

... Petitioner Vs 1.

ETHICS AND MEDICAL REGISTRATION BOARD, REP. BY ITS PRESIDENT, NATIONAL MEDICAL COMMISSION, HAVING ADDRESS AT;

POCKET 24, SECTOR 8, DWARAKA PHASE - I, NEW DELHI- 110 077.

2.

NATIONAL MEDICAL COMMISSION REP. BY ITS CHAIRPERSON, HAVING ADDRESS AT;

POCKET 24, SECTOR 8, DWARAKA PHASE - I, NEW DELHI- 110 077.

3.

TAMIL NADU MEDICAL COUNCIL REP. BY ITS PRESIDENT, HAVING ADDRESS AT;

NO. 959 & 960, POONAMALLEE HIGH ROAD, PURASAIWAKKAM, CHENNAI- 600 084.

4.

J.MAHESHWARI ... Respondents 1/5

Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, to direct the first and second respondents to dispose the unnumbered appeal filed against final order dated 24.09.2024 passed by the third respondent within a stipulated time frame as fixed by this Court.

For Petitioner : Mr.Abdul Saleem for M/s. AAV Partners For R1 & R2 : Ms.Shubharanjani Ananth For R3 : Mr.U.Baranidharan Standing Counsel

ORDER

The limited prayer made in the writ petition is for the disposal of the appeal filed by the petitioner against the final order dated 24.09.2024.

2. The petitioner is a medical professional and a disciplinary enquiry was conducted by the third respondent and ultimately, an order of punishment came to be passed. As against which, the petitionerhas preferred the appeal.

3. When the matter came up for hearing, Ms.Shubharanjani Ananth, the 2/5

learned counsel took notice on behalf of the first and second respondents and Mr.U.Baranidharan, the learned Standing Counsel took notice on behalf of the third respondent.

4. In view of the nature of the relief that is granted, this writ petition is disposed of at the admission stage itself, without notice to the fourth respondent.

5. In view thereof, this writ petition is disposed of on the following terms:- (i) The appeal filed by the petitioner on 12.11.2024, against the order dated 24.09.2024, shall be disposed of by the first respondent within eight weeks from the date of receipt/production of the website uploaded copy of this order, without waiting for the certified copy of the order. (ii) No costs.

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To 1.

THE PRESIDENT ETHICS AND MEDICAL REGISTRATION BOARD, NATIONAL MEDICAL COMMISSION, HAVING ADDRESS AT;

POCKET 24, SECTOR 8, DWARAKA PHASE - I, NEW DELHI- 110 077.

2.

THE CHAIRPERSON, NATIONAL MEDICAL COMMISSION HAVING ADDRESS AT;

POCKET 24, SECTOR 8, DWARAKA PHASE - I, NEW DELHI- 110 077.

3.

THE PRESIDENT, TAMIL NADU MEDICAL COUNCIL HAVING ADDRESS AT;

NO. 959 & 960, POONAMALLEE HIGH ROAD, PURASAIWAKKAM, CHENNAI- 600 084.

4/5

D.BHARATHA CHAKRAVARTHY, J.

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