Bombay High Court : EMRB of NMC can stay disciplinary action of the State Council

Mumbai : The Bombay High Court allowed the Ethics and Medical Registration Board (EMRB) of National Medical Commission to stay disciplinary action  of the State Council till it decide on the admission of an appeal made by the doctor facing punitive disciplinary action of the State Council. The court held “The Ethics and Medical Registration Board while hearing an appeal under Section 30(3) of the Act of 2019 possesses incidental powers which include granting stay to an order of penalty imposed by the State Medical Council under Section 30(2) of the Act of 2019. The mode and manner in which such incidental power is to be exercised and the terms and conditions to be imposed while exercising such powerwould be a matter within the discretion of the Ethics and Medical Registration Board.” Effectively the court has held that till the EMRB decide on the admission of an appeal of the doctor facing disciplinary action, the State Councils are barred from taking disciplinary action against the doctor. Earlier the medical professionals had no choice but to serve disciplinary action awarded to them by the State Council until the NMC Ethics Board could decide on the plea of the medical professional.