GOSTHO BEHARI DAS versus DIPAK KUMAR SANYAL & ORS.

GOSTHO BEHARI DAS versus DIPAK KUMAR SANYAL & ORS.

Suspension of a medical practitioner's licence to practice medicine is not a permissible punishment under the Contempt of Courts Act, 1971 because Section 12 prescribes an exhaustive set of punishments (imprisonment up to six months and/or fine up to Rs.2,000) and disciplinary action concerning professional misconduct is exclusively within the domain of the statutory medical regulator; therefore the suspension imposed in the contempt proceedings was unsustainable and is set aside.

Parties
Appellant: Gostho Behari Das; Respondent: Dipak Kumar Sanyal & Ors.
Jurisdiction
India
Judgment Date
28 July 2023
Procedural Posture
Civil Appeal / On Appeal From the High Court of Calcutta, Circuit Bench at Jalpaiguri (judgment and Order Dated 29.07.2022)
Outcome
Appeal allowed
Legal Topics
Punishment for Contempt, Suspension of Professional Licence, Jurisdiction of Medical Regulator, Professional Misconduct
Contempt of Court Medical Regulation Administrative Law Punishment for Contempt Suspension of Professional Licence Jurisdiction of Medical Regulator Professional Misconduct

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Parties

Gostho Behari Das

Appellant

Dipak Kumar Sanyal & Ors.

Respondent

Procedural Posture

Civil Appeal / On Appeal From the High Court of Calcutta, Circuit Bench at Jalpaiguri (judgment and Order Dated 29.07.2022)

Legal Issues

  1. 1 Whether suspension of a medical practitioner's licence to practice medicine is a permissible punishment under the Contempt of Courts Act, 1971
  2. 2 Whether the power to punish a registered medical practitioner for professional misconduct rests with the medical regulatory body under the Medical Council Act, 1956 and National Medical Commission Act, 2019

Ratio Decidendi

Suspension of a medical practitioner's licence to practice medicine is not a permissible punishment under the Contempt of Courts Act, 1971 because Section 12 prescribes an exhaustive set of punishments (imprisonment up to six months and/or fine up to Rs.2,000) and disciplinary action concerning professional misconduct is exclusively within the domain of the statutory medical regulator; therefore the suspension imposed in the contempt proceedings was unsustainable and is set aside.

Court Disposition

Appeal allowed

Orders

  • The impugned judgment of the Division Bench and the orders of the Single Judge, High Court of Calcutta (Circuit Bench at Jalpaiguri) in MAT No.67 of 2022 and orders dated 11th, 12th and 14th July 2022 are set aside.
  • The licence of the appellant to practice medicine is revived.