Balvir S Tomar vs Union Of India & Anr. on 9 February, 2016

C.M. No.1446/2016
1. The main appeal is preferred against the order of the learned Single
Judge dated 08.10.2015 in W.P.(C) No.9488/2015.
2. The appellant is the writ petitioner who is a medical practitioner and
Chairman of a private medical college viz. National Institute of Medical

C.M. No.1446/2016 in LPA No.702/2015 Page 1 of 6
Sciences University (for short ‘NIMS’), Jaipur. He has also been a member
of the Medical Council of India constituted by the Central Government
under Section 3 of the Indian Medical Council Act, 1956. On the allegations
of submitting false documents/declaration forms pertaining to the faculty
strength, nursing staff and etc. of NIMS at the time of inspection by MCI for
the purpose of recognition/permission for MBBS and PG courses, CBI had
registered an FIR against the appellant/writ petitioner on 19.07.2012 under
Section 120-B read with Section 467 of IPC and Section 13(1)(d) read with
Section 13(2) of the Prevention of Corruption Act, 1988 along with certain
other officials of NIMS. It appears that CBI by its report dated 13.10.2014
recommended appropriate action to be taken by MCI. That apart, another
FIR has been registered against the appellant/writ petitioner on 06.02.2015
in Police Station Chhutia, Sadar, Ranchi for the alleged acts of sexual
exploitation of a student pursing medical course in NIMS. In these
circumstances, the Central Government by proceedings dated 30.04.2015
barred the appellant/writ petitioner from attending any meeting of MCI till
the allegations against him are settled stating that he had failed to uphold the
dignity and honour of the profession and such misconduct appears to be
violative of the Indian Medical Council (Professional Conduct, Etiquette and
Ethics) Regulations, 2002 (for short ‘the Regulations’). A copy of the said
proceedings was also communicated to the Medical Council of India (MCI)
for appropriate action.

Source: Indian Kanoon

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