1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1803 OF 2010 ... Dr.Surendra Shripad Kane ...Petitioner v/s. The Maharashtra Medical Council & ors. ...Respondents ... Mr.A.A.Kumbhakoni i/b Roshan Tanna for the Petitioner. Mr.M.J.Jamdar for Respondent No.1. Mr.V.S.Godbole, AGP for State. ... CORAM: D.K. DESHMUKH & A.R.JOSHI,JJ DATED: 11 th March,2010 P.C.:- 1. Rule. Returnable forthwith. Heard finally by consent of parties. 2 2. The Petitioner by this petition makes a grievance against the order dated 15-2-2010 made by the Respondent No.1. By that order the registration of the Petitioner as Medical Practitioner is suspended during the pendency of the Criminal Case No.R.C.C.No.170 of 2007 pending before the Judicial Magistrate, First Class, Pandharpur. This action has been taken by the Respondent No.1 under Section 23(2) of the Act. Section 23(2) of the Act reads as under: The name of the registered medical practitioner shall be reported by the appropriate authority to the State Medical Council concerned for taking necessary action including suspension of registration, if the charges are framed by the court and till the case is disposed off and on conviction for removal of his name from the register of the council for a period of five years for the first offence and permanently for the subsequent offence. 3 Perusal of the above Section shows that even assuming that the charges have been framed against the Petitioner on that count, the Medical Council has more than one option in relation to the action that can be taken on the ground that the charges have been framed. In our opinion, therefore, a drastic action like suspension of the Medical Practitioner could not have been taken by the Medical Council without granting an opportunity of being heard to the Petitioner and without issuing show cause notice. That admittedly has not been done. 3. In our opinion, therefore, the order dated 15-2-2010 impugned in the petition will have to be set aside. It is accordingly set aside. However, it is made clear that the Medical Council shall be at liberty to take appropriate action in accordance with law, if 4 so advised. Rule is made absolute accordingly. No order as to costs. ( D.K. DESHMUKH,J.) ( A.R.JOSHI,J)