Disposed

T.V. Padmanabhan v. National Medical Commission

Kerala HC5 Jul 2021WP(C)/13246/2021

Case brief

AI extract

What is this about?

This writ petition sought directions to the National Medical Commission to consider the petitioner's appeal challenging Dr. Bhat's removal from the State Medical Register along with the related appeal filed by Dr. Bhat. The court directed the Commission to consider both appeals together and ensured the petitioner would be heard if interim relief was sought in Dr. Bhat's appeal.

What did the court decide?

Directed the first respondent to consider and pass orders on the petitioner's appeal along with the appeal preferred by the third respondent against Ext. P4 order.

T.V. Padmanabhan Vs National Medical Commission — Pension and Retirement Benefits | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

¶4

MONDAY, THE 5^TH DAY OF JULY 2021 / 14TH ASHADHA, 1943

¶5

WP(C) NO. 13246 OF 2021

¶6

PETITIONER:

¶7

DR.T.V. PADMANABHAN,

¶8

AGED 66 YEARS, S/O. T.V. RAMAN, THEKKEVEETTIL, LAXMI NAGAR, KANHANGAD, KASARAGOD DISTRICT, PIN-671315

¶9

BY ADV T.K.VIPINDAS

¶10

RESPONDENTS:

¶11

1 NATIONAL MEDICAL COMMISSION REPRESENTED BY ITS REGISTRAR, POCKET-14, SECTOR-8, DWARAKA PHASE 1, NEW DELHI 110 077.

¶12

2 THE TRAVANCORE AND COCHIN MEDICAL COUNCIL, REPRESENTED BY ITS REGISTRAR, RED CROSS ROAD, THIRUVANANTHAPURAM-695 035

¶13

3 DR. K. SUBRAMANYA BHAT, AGED 57 YEARS, S/O. LATE DR. K.K. BHAT, SHRIVARI HOUSE, MAVUNGAL, KANHANGAD, KASARAGOD DISTRICT-671 315

¶14

4 INDIAN RADIOLOGICAL AND IMAGING ASSOCIATION (IRIA), KERALA CHAPTER, REPRESENTED BY ITS SECRETARY, 8A RDS AVENUE-1, PANAMPILLY NAGAR, KOCHI, PIN-682 036

¶15

SRI.TITUS MANI VETTOM SC SMT.SAYUJUA R2 SRI.R.N RAGHURAJ sc. ADV.BINNY THOMAS SC

¶16

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶17

¶18

W.P.(C) No.13246 of 2021

¶19

W.P.(C) No.13246 of 2021

¶20

J U D G M E N T

¶21

On a complaint lodged by the petitioner, the second respondent has passed Ext.P4 order, in terms of which the name of the third respondent was removed from the State Medical Register maintained by the second respondent. Aggrieved by Ext.P4 order, the third respondent has preferred W.P.(C) No.11413 of 2021, and the said writ petition was disposed of permitting the third respondent to prefer an appeal challenging Ext.P4 order before the first respondent, and directing the first respondent to consider that appeal at least for the purpose of interim orders within 10 days thereafter. The case set out by the petitioner in the writ petition is that he is also aggrieved by Ext.P4 order and he has, therefore, preferred Ext.P5 appeal against the very same order before the first respondent. The petitioner seeks directions to the first respondent to consider and pass orders on Ext.P5 appeal along with the appeal preferred by the third respondent.

¶22

Heard the learned counsel for the petitioner as

¶23

¶24

W.P.(C) No.13246 of 2021

¶25

also the respective Standing Counsel for respondents 1 and 2.

¶26

Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the first respondent to consider and pass orders on Ext.P5 appeal along with the appeal preferred by the third respondent against Ext.P4 order. In the meanwhile, if the appeal preferred by the third respondent against Ext.P4 order is taken up for consideration of the prayer made by the third respondent in the appeal for interim relief, the petitioner shall also be given an opportunity of hearing in that matter, if an interim order has not already been passed in the appeal in favour of the third respondent.

¶27

Sd/-

¶28

P.B.SURESH KUMAR, JUDGE

¶29

¶30

¶31

W.P.(C) No.13246 of 2021

¶32

APPENDIX

¶33

PETITIONER ANNEXURE

¶34

Exhibit P1 TRUE COPY OF THE COMPLAINT DATED 3.4.2019 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

¶35

Exhibit P2 THE TRUE COPY OF THE ORDER DATED 30.08.2008. Exhibit P3 TRUE COPY OF THE JUDGMENT IN W.P.C NO. 30366/2008 DATED 19.12.2013 Exhibit P4 TRUE COPY OF THE ORDER DATED 17.5.2021 ISSUED BY THE 2ND RESPONDENT. Exhibit P5 TRUE COPY OF THE APPEAL PREFERRED BY THE PETITIONER BEFORE 1ST RESPONDENT AGAINST EXHIBIT P4 ORDER. Exhibit P6 TRUE COPY OF THE JUDGMENT IN W.P.(C) 11413/2021 DATED 31.05.2021.

T.V. Padmanabhan v. National Medical Commission

Case brief

What is this about?

What did the court decide?

T.V. Padmanabhan v. National Medical Commission

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Renjini Sankar Vs Additional Chief Forest Conservator(Administration)

Biju K.Cherian Vs State of Kerala

K.v.Anilkumar Vs H.Anantharaman

Ratheesh M. Vs the Udayanapuram Grama Panchayath

Haris.N.v., Vs Edathala Grama Panchayat

K.T.Sidhiq Vs Union of India