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Can MCI proceed with a case when the complainant has withdrawn the complaint?

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eMediNexus    27 September 2021

In ordinary situations, the MCI cannot proceed with a case when the complainant has withdrawn the complaint.

In its order (F.No. 196/2011), the Ethics Committee noted as follows:

“The Ethics Committee considered the matter and noted that despite notice dated 10.10.2012 sent to complainant, to appear before the Ethics Committee, the said complainant did not appear before the Ethics Committee. The Committee also noted that the complainant in his letter dated nil, received by the Council on 14.05.2012, had stated that he has withdrawn his complaint dated 02.05.2011 lodged against the doctors. The Ethics Committee observed that the complainant seemed no longer interested to pursue his complaint and accordingly the Ethics Committee decided to dispose of the above mentioned complaint.”

However, any council has the power to take su moto action. If the council has reason to believe that there is something fishy in the compromise, it can take up the case su moto.

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