Shishir Chand vs Dr Reena Nayyar & Ors on 24 May, 2022

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Delhi High Court - Orders

Shishir Chand vs Dr Reena Nayyar & Ors on 24 May, 2022

Bench: Subramonium Prasad

                          $~11
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      CONT.CAS(C) 839/2019
                                 SHISHIR CHAND                                      ..... Petitioner
                                                    Through:       Mr. Gaurav Gupta, Mr. Sharan
                                                                   Mehta, Advocates

                                                    versus

                                 DR REENA NAYYAR & ORS                              ..... Respondents
                                                    Through:       Mr. T. Singhdev, Mr. Abhijit
                                                                   Chakravarty, Advocate for R-1
                                                                   Mr. Gopal Prasad, Advocate for R-4

                                 CORAM:
                                 HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
                                                    ORDER

% 24.05.2022 CM APPL. 43935/2021

1. This application under Section 151 CPC has been filed seeking amendment to memo of parties filed in the instant contempt petition.

2. The amended memo of parties is taken on record.

3. The application is disposed of.

CONT.CAS(C) 839/2019 & CM APPL. 43892/2021 & CM APPL.

46249/2021

1. The instant contempt petition has been filed for the alleged non- compliance of the order dated 05.09.2017 passed by this Court in W.P.(C) 277/2017. The relevant portion of the said order reads as under:

"11. It appears from the above narrative that the Committee has taken different views at different points of time. Mr Parag Signature Not Verified Digitally Signed CONT.CAS(C) 839/2019 Page 1 of 3 By:RAHUL SINGH Signing Date:26.05.2022 12:15:50 Tripathi, learned Senior Advocate appearing for respondent no.2 also submitted that the petitioner had been consistently changing its case from time to time. He also submitted that there was no negligence on the part of respondent no.2 and no punitive measure was required to be taken against respondent no.2. The petitioner, on the other hand, is also dissatisfied with the quantum of punishment imposed on respondent no.2 and seeks enhancement of the punishment meted out to respondent no.2.

12. Keeping the above facts in mind, this Court is of the view that it is apposite that MCI examine the matter afresh and take an informed view after hearing the petitioner as well as respondent no.2. MCI may also seek an expert opinion, if necessary."

2. It is stated by the learned counsel for the Petitioner that though the order dated 14.02.2019 has been passed by the Medical Council of India in compliance of the order dated 05.09.2019 but the same has been passed without taking into consideration the detailed representation sent by the Petitioner which is evident by the reply sought by the Petitioner under the RTI Act. He states that the Petitioner was not heard properly by the Apex Committee of erstwhile MCI. He states that Respondent Nos.1, 2 and 3, who were the then members of the Apex Committee of erstwhile MCI, were obliged to comply with the order passed by this Court and are guilty of wilfully violating the orders of this Court.

3. It is stated by the learned counsel for the Respondent that the Petitioner was called by the erstwhile Medical Council of India on three occasions but the Petitioner did not participate. He states that National Medical Commission (NMC) is not a party in this petition. He states that there was no direction to the NMC to comply with the orders of this Court.

Signature Not Verified Digitally Signed CONT.CAS(C) 839/2019 Page 2 of 3 By:RAHUL SINGH Signing Date:26.05.2022 12:15:50

He states that Medical Council of India (MCI) has been replaced with the National Medical Commission (NMC) vide Notification dated 24.09.2020

4. Issue notice.

5. Learned counsel for the Petitioner is directed to file correct addresses of the Respondent Nos.1, 2 and 3.

6. On filing the correct addresses of the Respondent Nos.1, 2 and 3 and taking steps, let notice be issued to the Respondent Nos.1, 2 and 3 through all modes, including Whatsapp and email, Dasti in addition.

7. List on 18.11.2022.

SUBRAMONIUM PRASAD, J MAY 24, 2022 S. Zakir Signature Not Verified Digitally Signed CONT.CAS(C) 839/2019 Page 3 of 3 By:RAHUL SINGH Signing Date:26.05.2022 12:15:50

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Delhi High Court - Orders