Must Read

M.N. Clubwala v. Fida Hussain Saheb, 1964

Image
M.N. Clubwala v. Fida Hussain Saheb, (1964) 6 SCR 642, 651 This case interpretation/case summary is written by Ms. Swati Sharma a student at the Faculty of Law (Delhi University). If you also want to publish your articles or case interpretations/summaries, send your work to  niyamskanoon09@gmail.com . Case Details PETITIONER:  MRS. M. N. CLUBWALA AND ANR. Vs. RESPONDENT: FIDA HUSSAIN SAHEB AND ORS. DATE OF JUDGMENT: 03/02/1964 BENCH: MUDHOLKAR, J.R. SUBBARAO, K. CITATION: 1965 AIR 610 1964 SCR (6) 642 Introduction   The case of M.N. Clubwala v. Fida Hussain Saheb (1964) under the Delhi Rent Control Act is a landmark judgment that clarifies the distinction between a lease and a license and the jurisdiction of the Rent Controller. The primary issue in this case was whether the agreements between the landlord (M.N. Clubwala) and the shopkeepers (Fida Hussain Saheb) created a lease or a license.  Facts of the Case M.N. Clubwala (Landlord) used his building as market by
Post a Comment

Kanwarjit Singh Kakkar v. State Of Punjab (2011) 13 SCC 158

 Kanwarjit Singh Kakkar v. State Of Punjab (2011)

In this case, the Court tries to find whether the private practice by a government doctor is within the ambit of  PCA. 


Facts

This appeal is filed under Article 136 of the Constitution, against the order of the HC that refused to quash the FIR registered under the Prevention of Corruption Act and IPC by the Vigilance Bureau. The FIR was registered under S.13(1)(d) read with S.13(2), on the statement of informant/Raman Kumar who alleged that the appellant-doctor was doing private practice and charged Rs 100 as a prescription fee, which was restricted by the government. Given the allegation, a trap was laid by the officials in connivance with the informant and a raid was conducted, and the appellant got caught red-handed. 

Petition before HC

The appellant filed a petition before the HC of Punjab and Haryana to quash the FIR.

Contentions of the appellant before HC
  1. He made the prescription on plain paper, which was not even signed by him, just on humanitarian grounds.
  2. No law prohibits government doctors from doing any act on humanitarian grounds. 
  3. The private practice by a government doctor breaches State Government rules and not the PCA or IPC, hence it would initiate only departmental proceedings under Punjab Civil Services (Punishment and Appeals) Rules. 
The HC rejected the petition on grounds of Rule 15 of the Punjab Civil Medical (State Service Class I) Rules, 1972, in which it is mentioned that only after the permission of the State Government, a government doctor can practice privately also on terms and conditions set by the Government.

SLP in Supreme Court

Issue

Whether the private practice by a government doctor is an offence under PCA and under IPC, or under Punjab Civil Medical (State Service Class I) Rules, 1972.

Contentions

  1. S.7 of the PCA doesn't consider the demand or acceptance of a fee during private practice as illegal gratification, it only considers demand or acceptance for doing any official act.
  2. S.13(1)(d) doesn't apply.
  3. Since departmental rules bar private practice, action should be taken under it.

Ratio Decidendi

  1. Corruption is defined in PCA as the demand or acceptance of illegal gratification for doing an official act.
  2. Demand/receipt of fee while doing private practice can not be held to be an illegal gratification. Professional remuneration does not come within the ambit of corruption.
  3. In the case of R.R.S. Seth v. State of Jharkhand & Anr [2008], this Court upheld the conviction of a doctor who demanded Rs 500 from the complainant for giving proper medical treatment to his father. The burden to prove that the alleged amount was not obtained by way of illegal gratification lies on the public servant.
  4. If it was alleged that the doctor while doing private practice indulged in malpractice for instance charging money to provide beds in a government hospital would amount to illegal gratification.
  5. The amount demanded by the appellant was not by way of gratification for doing any favor but by way of a professional fee for the treatment of the patient. It can not be presumed that the fee was accepted as a motive or reward for doing or forbearing any official act.
  6. If an act barred by an official circular or instructions of the government, has been done it would lead to initiate the departmental proceedings.

Decision

  1. Allowed appeal.
  2. The alleged act would not constitute a criminal offence under PCA or IPC.
  3. Set aside the impugned order of HC.
  4. Quashed the FIR.

Also Read:- Kalicharan Mahapatra case

Also Read:- K. Santhamma v. State of Telangana




Comments

Post a Comment

Popular Post

Ashbury Railway Carriage and Iron Co. Ltd. v. Riche (1875)

Image
Ashbury railway carriage v riche|| Case Summary  Introduction   This case is related to the " Doctrine of Ultra Vires". In this case, the directors of the appellant company made an agreement with the plaintiff which was beyond the objectives, as mentioned in its MoA, of the appellant Company. Since the agreement was beyond its objectives, the appellant company repudiated the agreement later. Therefore the suit was brought by the plaintiff to recover the damages. Facts   The directors of the appellant company (Ashbury Railway Carriage) had contracted to obtain a concession from Gillon and Poeters Baerston, who obtained this right from the Belgian Government, to make a railway.  For this purpose, the directors of the appellant company again entered into a contract with Riche, a contractor, the purpose of which was to establish a société anonyme,  and as the plaintiff went on with the work, the appellant company had to pay into the hands of société anonyme,  Earlier the sharehol
Read more

Workmen of Dimakuchi Tea Estate v. Dimakuchi Tea Estate, AIR 1958 SC 353

Image
Workmen of Dimakuchi Tea Estate v. Dimakuchi Tea Estate, AIR 1958 SC 353 Case Summary Introduction The case of Workmen of Dimakuchi Tea Estate v. Dimakuchi Tea Estate involved a dispute between the management of the Dimakuchi Tea Estate and its workers. This case has discussed and cleared the meaning of the expression "any person" used in S.2(K) of the Industrial Dispute Act, 1947. The Supreme Court ruled in favour of a limited interpretation of the term "any person" thereby excluding the present appellant from the ambit of the Industrial Disputes Act of 1947. This decision denied the jurisdiction of the Industrial Tribunal to adjudicate the dispute and extended the benefits and protections of the Act to the employers. Facts of the Case The dispute was raised over the termination of the service of Dr K.P. Banerjee, who was appointed as an Assistant Medical Officer in the Respondent's estate (Dimakuchi Tea Estate), on the grounds of being incompetent. Although th
Read more