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Monday, May 02, 2011

Private practice by govt doctors no crime: Supreme Court

From http://articles.timesofindia.indiatimes.com/2011-04-29/india/29486752_1_private-practice-government-doctor-prevention-of-corruption-act

NEW DELHI: The Supreme Court on Thursday ruled that government doctors defying the ban on private practice and charging consultation fee from patients in a clinic during spare time could neither be accused of indulging in trade nor be booked under the anti-corruption law.

A bench comprising Justices Markandey Katju and Gyan Sudha Misra quashed the FIR lodged against two Punjab government doctors, who were charging Rs 100 per patient in an evening private clinic, under Prevention of Corruption Act and Section 168 of the Indian Penal Code, under which it is an offence for a government servant to engage in a trade.

As the Punjab government had banned private practice by doctors in its employment, the police booked the two in April 2003 for charging fee from patients. The bench said at best it could amount to breaching a government order making them liable for departmental action.

6 comments:

  1. There is nothing new in this judgment....it is absurd to initiate criminal law against a government doctor, indulging in private practice in breach of his employment agreement

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  2. In this judgement is welcome to doctor community but there is no different between previous judgement to this judgement and also here punjab civil service act does not clearly state that the govt doctor in private practice is offence so we need interpretation of this rule 15 ......

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  3. i think simply gave this judgement before the punjab high court ......as we all lawers know this is not corruption as well as this is not offence . No one statute does not expresly say ban on private practise in govt doctors so what are the obligation of judges through this case ? i dont feel the judge role is good

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  4. I work as Assistant Professor in Puducherry Government medical college in Puducherry. My queries are.

    1. What are the guidelines for promotion rules in a teaching medical college hospital which is a government undertaking as a registered society?

    2. The employer does not provide any contribution towards the employee's provident fund but takes 10% of the salary from the employee. Neither does the employer provide interest on the EPF to the employer. If asked, the employer says that they have no money. what to do?

    ReplyDelete
  5. //1. What are the guidelines for promotion rules in a teaching medical college hospital which is a government undertaking as a registered society?
    // Varies from Management to Management

    ReplyDelete
  6. //2. The employer does not provide any contribution towards the employee's provident fund but takes 10% of the salary from the employee. Neither does the employer provide interest on the EPF to the employer. If asked, the employer says that they have no money. what to do? //

    Make sure that your EPF Account is updated
    If not, Give them in writing that you want to opt for PPF and that they need not deduct money from your salary

    ReplyDelete