Central Administrative Tribunal - Delhi
Dr Davinder Kumar vs Medical Council Of India, M/O Health And ... on 23 August, 2023
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O.A. No. 3018/2017
Central Administrative Tribunal
Principal Bench, New Delhi
O.A. No. 3018/2017
This the 23rd day of August, 2023
Hon'ble Mr. Justice Ranjit More, Chairman
Hon'ble Mr. Anand Mathur, Member (A)
Dr. Davinder Kumar,
Aged about 50 years,
S/o Late Tula Ram,
R/o 118D, Sector-30,
Gurgaon (HR).
Working as Joint Secretary MCI (Under Suspension)
...Applicant
(By Advocate: Mr. S. K. Gupta)
Versus
Medical Council of India,
Through its President,
Pocket-14, Sector -8,
Dwarka, New Delhi.
...Respondent
(By Advocates: Mr. T. Singhdev and Mr. Aabhaas
Sukhramani)
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O.A. No. 3018/2017
ORDER (ORAL)
Per: Justice Ranjit More, Chairman:
On behalf of respondents, Ms. Namrata Kumari, D/o Mr. Badri Nath Prasad, working as Under Secretary, National Medical Commission has filed additional affidavit on 24.07.2023. In para No. 8 of the said additional affidavit, the following averments are made:
"8. It is humbly submitted that therefore, after the repeal of the IMC Act, 1956 on 25.09.2020, 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 chargesheet issued vide memorandum dated 03.07.2015 & supplementary chargesheet issued vide memorandum dated 28.04.2017.
In view of the facts stated and submissions made hereinabove it is most respectfully submitted that the present original application has been rendered infructuous and deserves to be rejected by an order of this Hon'ble Tribunal. It is prayed accordingly."
2. In light of the above averment made on behalf of the respondents, Mr. Gupta, learned counsel for the applicant, fairly submits that the grievance of the applicant raised in the present O.A. no more survives.
3O.A. No. 3018/2017
3. In light of the above, the present O.A. is dismissed as having been rendered infructuous. No costs.
(Anand Mathur) (Justice Ranjit More) Member (A) Chairman /as/