- (1.) Under challenge is the order dated 10-1-2013 passed by the Medical Council of India (MCI) holding the petitioner to be in contravention of clause 7.16 of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 (hereinafter 'the Regulations of 2002') and visiting him with the punishment of his name being struck off from the Indian Medical Register for a period of eighteen months. Also under challenge is the consequent order dated 16-1-2013 passed by the Rajasthan Medical Council (RMC) directing striking off the petitioner's name from the Register of Registered Medical Practitioners in Rajasthan for a period of eighteen months.
(2.) The facts of the case are that the respondent No.4 Ajeet Singh Singhvi made a complaint to RMC on 17-5-2000, alleging misconduct on the part of the petitioner and two other doctors of Sawai Man Singh Medical College and Hospital Jaipur resulting in the death of his mother Jatan Kanwar Singhvi on 28-4-2000. It was stated that the complainant's mother was admitted to the unit of Dr.S.K. Pareek, Professor and Head of the Nephrology department of the SMS Hospital in the night intervening 25 and 26-2-2000 in the Nephrology department. In the course of her treatment the patient was transferred to the unit of Dr.D.S. Mathur, Professor of Medicine. She was then referred to Dr. D.K. Jindal, and thereafter to the petitioner Dr.T.C. Sadasukhi, who performed a surgical aspiration of the Hydatid Cyst on the patient. The case of the complainant was that the procedure/ operation performed by the petitioner was without the consent either of the patient or any of her family members and it was also indicative of reckless medical negligence, consequent to which his mother expired. The complainant on his allegations sought action against Dr. D.K. Jindal, Dr. D.S. Mathur and the petitioner for medical negligence.
(3.) It appears that the said complaint was considered by a three member committee of the RMC on 20-5-2000 and found no negligence on the part of the petitioner and other doctors who treated the complainant's mother. The complainant again made another complaint for the same incident of 3-4-2000 on 11-10- 2000. As the complaint was pending before the RMC for over six years, the complainant on 12-7-2007 sought transfer of the enquiry into the medical negligence alleged by him from the RMC to MCI, relatable to clause 8.7 of the Regulations of 2002. A follow up letter was also sent by the complainant to the MCI. In the meantime, the complaint to the RMC was decided by it on 26-10-2007 holding that no prima facie case was made out against the petitioner and two other doctors Dinesh Jindal and D.S. Mathur for their alleged medical negligence. The complaint was dropped.;