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Doctors Protection


Doctors Protection

1. IMA now has a mediation cell to sort out patient doctors disputes.

2. IMA Stand: Warning is not a punishment but censure, which is the mildest form of penalty is.

In M. Basheer Ahmad and Ors. vs R. Govindarajulu, decided  on 2 December, 1981, and reported as (1982) 2 MLJ 307, the Madras High Court held as follows-- “7. The Tribunal erred in concluding that the mere warning would amount to punishment which is totally incorrect because of the number of rulings of this Court.” 

In State Of M.P. And Anr. vs I.A. Qureshi, decided  on 4 January, 1996, and reported as (1998) 9 SCC 261, the Supreme Court held as follows--

“6. Shri S.S. Khanduja, the learned counsel appearing for the respondent, has, however, placed reliance on the Note in the said circular which reads as follows:

"Note.--The nature of the departmental enquiry should be either to exonerate the delinquent officer on the basis of the fads of the case or to award some punishment; the departmental enquiry should never end in the form of only giving warning to the delinquent officer because this does not come within the purview of the punishment. If due to some reasons, it is necessary to give only warning to the delinquent officer then competent authority will have to give reasons as to why it is necessary to give only warning to the delinquent officer.

The contempt authority while considering the punishment of warning (which is not punishment as such) will consider the facts and circumstances under which the warning has been given to the concerned officer and will state that whether this warning comes within the definition of punishment or not and then only will either grant the promotion or refuse the promotion."

7. The submission of Shri Khanduja is that "censure" is only a recorded warning and does not constitute punishment and, therefore, the directions contained in the circular in relation to imposition of minor penalty would not apply and the Tribunal was justified in giving the directions for opening of the sealed cover and for giving effect to the recommendations of the DPC.

8. We are unable to accept the said contention of Shri Khanduja. "Censure" cannot be equated with a warning since under Rule 10 of the M.P. Civil Services (Classification, Control and Appeal) Rules, 1966, "censure" is one of the minor penalties that can be imposed on a government servant. It cannot, therefore, be said that the penalty of censure which was imposed on the respondent in the departmental proceedings was not a penalty as contemplated in the circular dated 2-5-1990. Once it is held that a minor penalty has been imposed on the respondent in the departmental proceedings, the direction given in the said circular would be applicable and the sealed cover containing recommendations of the DPC could not be opened and the recommendations of the DPC could not be given effect because the respondent has not been fully exonerated and a minor penalty has been imposed. The respondent can only be considered for promotion on prospective basis from a date after the conclusion of the departmental proceedings.” [ Source Dr M C Gupta]