High Court of Judicature at Allahabad in pronouncing its judgment in Moti Lal Yadav vs State of UP Through Chief Secy, Govt of UP & 5 Ors, Misc Bench No. 13501 of 2016 has raised several issues that affect doctors directly:
Does post haste decision of 02 June (AN), with no Notice / representation of doctors breach the Principle of Natural Justice?
- Doctors in public funded Institutions have no legal or otherwise right to proceed on strike.
- A compensation of Twenty Five Lakhs to be provided to legal heirs of victims who die unattended by the doctors and recover it from the salaries/allowances of doctors going on protest/abstention from duty/ strike.
- Refusing to attend a patient (even when on strike/abstention from duty) be deemed as serious professional misconduct and such conduct shall be communicated to Medical Council of India for considering cancellation/ revocation or suspension of license to practice.
- A permanent appraisal record of such doctors shall be created by placing on record his/ her such conduct and admonition thereto. Details of any mortality shall also be noted therein.
- The said record of doctor shall also be placed on a website constituted for the purpose, for knowledge of people at large.
- Take disciplinary action by treating the aforesaid conduct as serious misconduct justifying major penalty.
- Institution of Criminal and Tortuous action by appropriate authority/victim against such doctors.