Transplantation Of Human Organs & Tissues Act No Bar To Enquiry For Professional Misconduct Under IMC Ethics Regulations 2002
Case: Dr. Mathew Jacob & Ors v. State of Kerala & Ors.
Coram: Chief Justice S. Manikumar and Justice Shaji P. Chaly
Case No.: WA NO. 1141 OF 2020
Court Observation: “….. going through the provisions of Transplantation of Human Organs and Tissues Act, 1994 and Ethics Regulations, 2002, we are of the opinion that the statutory authority was duty bound to conduct necessary enquiry or investigation when a complaint is received even from a third person, including a physician because, even that physician has a duty to expose unethical conduct on another physician and that the truth and reality of the allegations in the complaint can be found out only if an enquiry is conducted”.
“That is why, Chapter 8 dealing with punishment and disciplinary action, is empowering the authority therein to ensure that whenever a complaint is received in respect of professional misconduct, it should be investigated/enquired into and take appropriate action”
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