Complaints Asainst Resistered practitioners

(1)(a) The Council may, suo-motu or on any compiaint made to it in that behalf,, hold an inquiry in respect of misconduct of any registered practitioner for the purposes of the Act. (b) Any complaint or inlormation about the misconduct of any registerecl practitioner shall be tlrst seen by the President /Vice President and then submitted bv the Registrar to the Chairman, Disciplinary Committee. (c) No complaint shall be entertained unless it is in i,l,riting, addressed to the president of the Council and. signed b1, the person making it. Ii shall state the grounds of complaint, and shall be accompanied by declarations as to the facts of the case. Ali anonymous complaints ma), be disregarded, by the Chairman, Disciplinary ir;T.Iirrll: unless he finds it necessary to process the same in larger interesi of the (d) Everv declaration shall state the description and true place of abode of the deciarant, and '.vhere a fact stated in a declaration is not r,-ithin his persor-ral kno*:ledge, the source of the information. and grouncis for the belief of the decliu'ant in its truth shall be accr-rrately and fully itated. An,v declaration or parr thereof rvhich is n-rade in contravention of thii rule sl-rall not be accepted as evidence. (e) If the Chairman. Disciplinary Commrnee has reason to believe that the, complaint is pseudonymous, he ma1' call upon the complainant to furnrsh further pa,ticulars. for ascerlaining lvhether the compraint is genuine or not. (2)(a) Subject to the provisions of rules hereunder, the Disciplinary Committee mav. on gorng through the complaint against the medical practitioner and all pup.r, submitted b,v the complainant. instruct the Registrar to direct the n-redrcal practrtior-rer bv means of a Registered letter for any explanation he may have to ofter rvith regard to the complaint. (b) All tlie documents pertaining to the complaint, including any explanation lon'varded by the registered practitioner, shall then be referred to the Disciplinarr Conrmittee. (c) The Disciplinary Committee shail considei the complaint and may cause further investigation to be made and may take such legal adiice by consuiting a panel of legal practitioners/medico lega1 consultants alieady constituted for tf,is pu.por. as it may deem fit. An assessor or medico legal consultant so appointed shall be paid a remuneration of Rupees five hundred (Rs. 500/-) p.i a^y for aftenclance at an inqi-rtry tiom time to time. (d) The Cl-rairman of the Disciplinary Committee shall cause to be served on the registered practitioner a notice in Form 14 subject to which variation;!;ir; circumstances of the case may require. Such notice shall specify the nature and particulars of the charges drawn clearly and precisely and shall inform him of the day on which the Council intends to deai with the case, and shall call upon the practitioner to put in the wrilten statement of his defence within a period of not less than 15 days or such other period, not exceeding 60 days,;;y;; permitted by the Disciplinary Committee and to amend bifore thl Disciplinary Clotlmitlee on such date as specified thereof. The notice shall be sent at least 3 rvee ks belore the date of inquiry. (e) Action to be taken b1'the Disciplinarl, Committee. The Disciplinarv Commirtee could recommend: (i) ti-rat the medical practitioner be exoneratecl of the charges ievellecl against him if the (ii) The punisitment to be given in accordance with the bye-laws of the Council; (iii) till such time the Registration is made compulsory for all the persons eligible for registration, the Council will intimate the registering council of the practitioner the recommendation of the Delhi Medical Council and also infbrm the lv{edical Council ol India, These recommendations will be sent fbr ratification to the councii. (3)(i) The notice to the accused shall be .accompanied by a statement of allegations on rvhlch each charge is bascd. The relevant allegations as to facts, the inlerences which the;l lead to. the evidence and circumstances supporting such inferences shall be ciear'ly mentioned aiongr,vith any other circumstanC"r p.opored to be considered rvhile passing orders on the case. (ii) Copies of the relevant documents, if any including any document given or sent to the Disciplinary Committee by or on beiralf of the other party *hi.t such other partl'shall be entitled on proper proof to use at the hearing as evidence in support of or in ans'uver to the charges specilied in the notice of inquiry shall also be supplied to the registered practitioner alongwith the notice and statement of allegations. (r:) Copies of ar-ry other documents or statements required by such practitioner to prepare his det-ence may also be supplied to him on request or he may be allowed to take copies. (4) The registered practitioner shall r,vithin the time specified in the notice or such exrended period ,as may be permitted by the Chairman, put in r.vritten statement of his defence ancl state r'.,, hether he desires to be heard in person by the Disciplinary Comminee (5)(a) Copies of all material documents including the written statement of defence, if any, which is placed befbre the Council as evidence in regard to the case, shall be supplied to all members of the Disciplinary Committee before the hearing of the case commences. (b) The complainant may, on application in writing, obtain copies of any document ,explanation, statement or other evidence put forth in his delence bv the registered practitioner. (6)(a) Where a complainant appears personally or through an Advocate, the fbllowing procedr:re shall be followed. namelv:- (i) The Registrar will read to the Disciplinary Commircee the notrce of inquiry addressed to the practitioner; (ii) The complainant wtll then be invited to state his case by himself and to produce his eviclence in support of it. At the conclusion of the evidence of the complainant, his case rvill be closed. (iii) The practitioner wili then be invited to state his case by himself and to produce his evidence in support of his case. He may address the Disciplinary Commitlee either betbre or at the conclusion of his evidence but only once. (iv) Ar the conclusion of the practitioner's case the Disciplinary Committee shall, if the practitioner has produced evidence, hear the complainant in repl;- on the case generally, but will bear no further evidence except in any special case in which the Conrrrittee may think it right to receive such further evidence. if the practitiorler produces no evidence. the complainant r,vill not be heard in reply except by special leave of the Committee, (v) \rhere a i.vitness is produced b.v* any parry- betore the Disciplinary Committee, he wiil be first examined by the party producing him, and be cross examined bi' the opposite party and then re-examined (vi) The Chairman and the lvlembers o/the Disciplinary Comminee may put question to the complainant and registered practitioner including any of their witnesses (b) When there is no complainant or no complainant appears, the following procedure shall be follo,,ved, namelv:- (i) The Registrar shall read to the Disciplinary Committee the notice ol- rnquiry addressed to the practittoner, and will state the facts o/the case and produce bet-ore the Discipiinary Committee the evidence b1,' u,'hich it is sr-rpported in the presence of the registered medical practitioner. (ii) The practitioner shall ther-r be invited to state his case by himself and to produce his evidence in supp orl of it. IIe may address the Disciplinary Committee either before or at the conclusion o/ his evidence. but oniy once. (7) The Chairman shal1 keep a record o/proceedings ol the inquiry held under these rules, including the evidenc e if eachwitn;si, throughihe Registrar and subscribe his signature r,vith date on the record each dalr of the proceedings. (8) Notwithstanding anythrng contained in these rules, after completion of the inquiry, the registered practitioner shall be given fuither opportunity o/making any oral or written statement. Copies o/ such evidence as are required by the registered practitioner for making such statement shall be supplied to him. (a) The following procedure shall be followed for disciplinary inquiries: (i) The Registrar will read to the Disciplinary Committee the notice of inquiry addressed to the practitioner; (ii) The complainant will then be invited to state his case by himself and to produce his evidence in support of it. At the conclusion of the evidence of the complainant, his case will be closed. (iii) The practitioner will then be invited to state his case by himself and to produce his evidence in support of his case. He may address the Disciplinary Committee either before or at the conclusion of his evidence but only once. (iv) At the conclusion of the practitioner's case the Disciplinary Committee shall, if the practitioner has produced evidence, hear the complainant in reply on the case generally, but will hear no further evidence except in any special case in which the Committee may think it right to receive such further evidence. If the practitioner produces no evidence, the complainant will not be heard in reply except by special leave of the Committee. (v) Where a witness is produced by any party before the Disciplinary Committee, he will be first examined by the party producing him, and be cross examined by the opposite party and then re-examined. (vi) The Chairman and the Members of the Disciplinary Committee may put question to the complainant and registered practitioner including any of their witnesses. (b) When there is no complainant or no complainant appears, the following procedure shall be followed, namely:- (i) The Registrar shall read to the Disciplinary Committee the notice of inquiry addressed to the practitioner, and will state the facts of the case and produce before the Disciplinary Committee the evidence by which it is supported in the presence of the registered medical practitioner. (ii) The practitioner shall then be invited to state his case by himself and to produce his evidence in support of it. He may address the Disciplinary Committee either before or at the conclusion of his evidence, but only once. The Chairman shall keep a record of proceedings of the inquiry held under these rules, including the evidence of each witness, through the Registrar and subscribe his signature with date on the record each day of the proceedings. Notwithstanding anything contained in these rules, after completion of the inquiry, the registered practitioner shall be given further opportunity of making any oral or written statement. Copies of such evidence as are required by the registered practitioner for making such statement shall be supplied to him. As soon as the hearing of the case is over and the registered practitioner has made his oral or written statement, if any, the Disciplinary Committee shall deliberate thereon in private and at the conclusion of the deliberation, the Chairman shall forward the decision of the Disciplinary Committee to the Council for ratification and shall, pronounce its decision at the earliest. If it is not possible to declare the decision immediately at any time thereafter, the Chairman shall direct the Registrar to inform the parties of the decision of the Council by a Registered letter and to implement the decision, but not later than fifteen days. (1) Every appeal by a person aggrieved by any decision of the Disciplinary Committee shall be addressed to the President and shall state the grounds for the appeal and shall be accompanied by all relevant documents in original which shall be returned alongwith the decision communicated under the rules. (2) The President may call for any additional particulars that may be required after going through the appeal, and the original papers on which the Registrar or Disciplinary Committee has given its decision. (3) The appeal shall be placed before the next ordinary meeting of the Council. The Council shall, after giving a hearing to the appellant and the Registrar, take a decision which shall be communicated to the appellant by registered post.