How do the Councils decide punishment for a professional misconduct?


Dr KK Aggarwal and Ms Ira Gupta    09 June 2018

Once a person has been convicted of an offence, it is time to announce the punishment.

In most courts, the judges fix a date for argument for the punishment where the complainant argues for more punishment and the defense counsel argues for a lighter punishment. The punishment for professional misconduct in MCI and state medical councils is also decided on case to case basis. Therefore, the complainant as well as the defendant needs to be given an opportunity to argue their point of view.

For example, the Delhi Medical Council (DMC) is a quasi judicial body and needs to follow the judicial process. At present, the punishment is debated and confirmed by the council members but no opportunity is given to the complainant or the doctors, which is against the law of natural justice.

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