Central Administrative Tribunal - Delhi
Dr Davinder Kumar vs Medical Council Of India, M/O Health And ... on 16 October, 2023
Item No. 49/C-2 1 OA No. 2373/2017
Central Administrative Tribunal
Principal Bench, New Delhi
O.A. No. 2373/2017
Today this the 16th day of October, 2023
Hon'ble Mr. R. N. Singh, Member (J)
Hon'ble Mr. Sanjeeva Kumar, Member (A)
Dr. Davinder Kumar,
Aged about 50 years,
S/o Late Tula Ram,
R/o 118D, Sector-30,
Gurgaon (HR) ... Applicant
(By Advocate: Mr. Rajender Khatter for Mr. S K Gupta )
Versus
Medical Council of India
Through its President,
Pocket-14, Sector-8,
Dwarka, New Delhi ... Respondent
(By Advocate: Mr. Aabhash Sukhramani for Mr. T Singhdev)
Item No. 49/C-2 2 OA No. 2373/2017
ORDER (ORAL)
Hon'ble Mr. R. N. Singh, Member (J):
By way of the present OA, filed under Section 19 of AT Act, 1985, the applicant has prayed for the following reliefs:-
"(i) quash and set aside the impugned memorandum dated 17.03.2017 (Annexure-
A/1) and also quash and set aside the orders dated 14.07.2017 (Annexure-A/2 Colly) with all consequential benefits;
(ii) May also pass any further order(s), direction(s) as be deemed just and proper to meet the ends of justice:"
2. Learned counsels for the parties submit that another OA, i.e., OA No. 2455/2017 filed by the very applicant was disposed of by this Tribunal vide order dated 22.09.2023.
Learned counsels for the parties further submit that the facts and circumstances of the case are identical to that in OA No. 2455/2017. Accordingly, the present matter may also be disposed of in the terms of the order dated 22.09.2023 in OA No. 2455/2017 (supra). For clarity, the order dated 22.09.2023 is reproduced as herein below:-
"The applicant while working as Joint Secretary with the Medical Council of India was proceeded against departmentally under Rule 14 of CCS (CCA) Rules, 1965 vide memorandum dated 04.10.2016 (Annexure A-1).
Item No. 49/C-2 3 OA No. 2373/2017
2. The applicant through the present
Original Application, filed under Section 19 of the Administrative Tribunals Act, 1985 has challenged the aforesaid memorandum dated 04.10.2016 (Annexure A-1) and has sought the following relief:-
"(i) quash and set aside the impugned memorandum dated 04.10.2016(Annexure A-1) and also quash and set aside the communication dated 14.07.2017(Annexure A-1A) and the applicant be allowed all consequential benefits;
(ii) May also pass further order(s), direction(s) as be deemed just and proper to meet the ends of justice."
3. The respondents i.e. the Medical Council of India in response to the notice has filed the counter reply opposing the claim of the applicant and the applicant has filed rejoinder reiterating his claim and the grounds urged in support of such claim. Subsequently, an additional affidavit dated 24.07.2023 has been filed by the National Medical Commission through its Under Secretary.
4. Learned counsels for the parties have invited our attention to the contents of paragraphs 9 and 10 of the said additional affidavit which read as under:-
"9. It is humbly submitted that therefore, after the repeal of the IMC Act, 1956 on 25.09.2020, Item No. 49/C-2 4 OA No. 2373/2017 the applicant by virtue of second proviso to Section 60(3) ceases to be an employee of the erstwhile MCI and his employment in the erstwhile MCI stands terminated with immediate effect. In view of the termination of the employment of the applicant in the erstwhile MCI due to the operation of law passed by the Parliament, no purpose shall be served with the continuance of the disciplinary proceedings contemplated against the applicant and that the same has become redundant/unnecessary. Hence, it has been decided to close the disciplinary proceeding initiated against the applicant pursuant to charge sheet issued vide Memorandum dated 04.10.2016.
10. Without prejudice to the submissions made hereinabove, it is respectfully submitted that the aforesaid closure of disciplinary proceedings shall not preclude the respondent NMC from effecting recovery of Rs.43,016/- from the applicant in view of availing inadmissible LTC to Kathmandu and further effecting recovery of Rs.27,852/- from the applicant towards 10 days leave encashment for the block year 2006-09."
5. Mr. S.K. Gupta, learned counsel appearing for the applicant submits that once it is decided by the National Medical Commission to close the disciplinary proceedings initiated against the applicant pursuant to the impugned charge memo dated 04.10.2016, as is apparent from paragraph 9 of the additional affidavit under Item No. 49/C-2 5 OA No. 2373/2017 reference and the applicant stands terminated from services of the said Commission, the contents of averments referred in para 10 of the affidavit are without any basis and for the said recovery the National Medical Commission is not entitled to.
6. He further submits that it is also apparent that there is no more employer and employee relationship between the said Commission and the applicant. On the other hand, learned counsel appearing for the respondent has vehemently contested such argument on behalf of the applicant. He submits that the money referred to in the impugned charge memo pertains to public exchequer and the same can be recovered from the applicant by the National Medical Commission and accordingly it has been asserted in para 10 of the additional affidavit that closure of the charge memo is without prejudice to the right of the Commission for effecting recovery from the applicant. He further submits that as on date no cause of action exists for the applicant to oppose what has been asserted by the respondent- Commission in para 10 of the affidavit, inasmuch as no order or show cause notice has been issued to the applicant for effecting the recovery referred to in para 10 of the said additional affidavit.
7. In view of what is impugned and prayed in the OA, coupled with the assertions made by the National Medical Commission in para 9 of Item No. 49/C-2 6 OA No. 2373/2017 the additional affidavit dated 24.07.2023, the present OA becomes infructuous. The same is disposed of accordingly. It is clarified with regard to the recovery referred to by the National Medical Commission in the said additional affidavit, the law will take its own course.
8. No order as to costs. "
3. In view of the aforesaid and with the consent of the learned counsels for the parties, the present OA is disposed of having become infructuous. The same is disposed of accordingly. It is clarified that with regard to the recovery referred to by the National Medical Council in the said additional affidavit, the law will take its own course.
(Sanjeeva Kumar) (R. N. Singh)
Member (A) Member (J)
/neetu/