Abstract

A unique case filed in the Delhi High Court related to issue of professional misconduct decided by the Single Judge of Delhi High Court on 06.08.2018. Following questions answered by the Court:

• Can a physician guilty of professional misconduct (sexual offence) convicted by the Court and deported to India, has right to practice medicine in India?
• Can a Foreign Court judgment of conviction of a physician be a ground for penal provision in India?
• Can Court/ /DMC/MCI have power to take Suo motu cognizance of News Articles published in a News Paper on the issue of professional misconduct?
• What is the penalty for such an offence?
• Permanent erasure of name of the Indian Medical Register/State Medical Register

An appeal has been preferred by the delinquent physician against the decision of the Delhi Medical Council (DMC), which was communicated by a letter dated 21.06.2017, whereby the petitioner’s request for renewal of registration was rejected.

Chapter VII of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 [R] define acts of commission or omission on the part of Physician, which would constitute a professional misconduct. Regulation 7.4 and 7.5 are relevant and read as under:

“7.4 Adultery or improper conduct: Abuse of professional position by committing adultery or improper conduct with a patient or by maintaining an improper association with a patient will render a physician liable for disciplinary action as provided under the Indian Medical Council Act, 1956 or the concerned State Medical Council Act.

7.5 Conviction by Court of Law: Conviction by a court of law for offences involving moral turpitude / criminal acts.” [Para 11]

Delhi High Court concluded that in view of the above, there is no denying the fact that the petitioner was guilty of misconduct as he had been found to have indulged in an improper conduct with his patient. Further, he has also been convicted for an offence involving moral turpitude. [Para 12]