Is Anti Corruption Court above the Supreme Court ?
To the question whether Private Practice by Government Doctor is Corruption the honourable Supreme Court in 2011 emphatically answered in negative. In Kanwarjit S Kakkar vs State of Punjab honourable SC defined corruption as acceptance or demand of gratification for doing an official act. Doing private practice in his clinic or nursing home is not corruption. If a Government doctor demands moneyto admit a patient or to perform surgery in a Government Hospital it will be corruption. But if a Government doctor does his own private practice it remains a service / departmental matter.
Till now this was accepted case law. However recently a doctor couple has been awarded 7 years rigorous imprisonment and attachment of private nursing home has been ordered to pay penalty of Rs 1 crore and Even parents of the doctor have been awarded 3 years imprisonment by Anti Corruption Court in Kota Rajasthan.
https://www.hindustantimes.com/…/story-YCftHRC3pRbvXN9Am6vR…
Is this negligence by the ACB Court, ignorance of law or a deliberate act is something which will be known later but for now this interesting terrorizing judgment has sent shivers down the spine of all those doctors who ever thought of joining Government service.
Dr Neeraj Nagpal
Convenor,Medicos Legal Action Group, Managing Director MLAG Indemnity,
Ex President IMA Chandigarh
Director Hope Gastrointestinal Diagnostic Clinic,
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