Delhi High Court Writ

1. This petition has been filed by the petitioner challenging the order dated 09.03.2020 passed by the Disciplinary Committee of the respondent no. 1 in case no. DMC/DC/F.14/Comp.2494/2/2020, confirmed on 20.03.2020, and order dated 01.06.2020 issued by the respondent no. 1 by which the petitioner was inflicted with the punishment of removal of her name from the Delhi Medical Register for a period of 30 days and was directed to undergo ten hours C.M.E. on the subject decision making and ethical practices in Gynecologyand to submit a compliance report to this effect to the respondent no. 1 within a period of three months. The order was to come into effect after thirty days from the date of the said order.

2. The learned counsel for the petitioner submits that the petitioner has filed an appeal before the Board of Governors which has been appointed in supersession of the Medical Council of India, however, the appeal is yet to be taken up for consideration and in any case, the Board of Governors do not have the power to grant an order staying the operation of the order passed by the respondent no. 1 during the pendency of the appeal. The learned counsel for the petitioner submits that in absence of an order of stay, the appeal itself would be rendered infructuous.

3. The learned counsel for the petitioner has also placed reliance on several orders that have been passed by this Court including the order dated 30.01.2018 passed in WP (C) 845/2018 titled Dr. Prabhunath vs. Medical Council of India And Anr.

4. In view of the submissions made, it is directed that the punishment imposed by the respondent no. 1 in terms of the Impugned Orders shall not be implemented till the petitioner’s appeal is heard by the Board of

Governors and would be subject to any orders that may be passed by the Board of Governor in the said appeal.

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