Case Note & Summary
The present appeal arises from a judgment of the High Court of Calcutta (Circuit Bench at Jalpaiguri) in MAT No. 67 of 2022, which upheld various orders passed by a learned single Judge dated 5th, 11th, 12th, and 14th July 2022 in contempt proceedings bearing number WPCRC9 of 2022. By the order dated 11th July 2022, the appellant's license to practice medicine was suspended. Subsequently, by order dated 14th July 2022, the period of suspension was extended till 19th August 2022, and the appellant was asked to show cause why such suspension should not be affected for a period of two years. The background facts reveal that the appellant had unauthorizedly constructed a structure in deviation of the plans sanctioned by the Siliguri Municipal Corporation (SMC). Respondent No.1 (a private party) filed numerous complaints against such unauthorized construction, but to no avail. Discontented by the non-intervention of the Commissioner of SMC and the SMC, the appellant filed a writ petition before the High Court. Vide order dated 22nd December 2016 passed in W.P No. 11464 (W) of 2016, Respondent No. 3 was directed to have the construction inspected and submit a report. On 19th December 2017, it was directed that the representation filed before the Municipal Corporation dated 2nd August 2007 be considered and a reasoned order passed. Pursuant to this, an order dated 13th June 2018 was passed directing the Respondents No. 2 and 3 to take steps for removal of the unauthorized construction. The appellant failed to comply, leading to contempt proceedings. The core legal issue is whether the suspension of a medical license is a permissible punishment under the Contempt of Courts Act, 1971. The Supreme Court, after considering the nature of contempt proceedings and the specific punishments enumerated in Section 12 of the Act, held that suspension of a license to practice medicine is alien to the types of punishment and penalties specified under the Act. The court set aside the impugned orders of the High Court suspending the appellant's medical license.
Headnote
A) Contempt of Courts Act, 1971 - Punishment for Contempt - Section 12 - Suspension of Medical License - The court considered whether suspension of a medical practitioner's license to practice medicine falls within the types of punishment and penalties specified under the Contempt of Courts Act, 1971. The High Court had suspended the appellant's medical license in contempt proceedings for unauthorized construction. The Supreme Court held that such suspension is not a punishment prescribed under Section 12 of the Act, which only provides for simple imprisonment or fine. The court set aside the suspension order. (Paras 1-3)
Issue of Consideration
Whether the suspension of the Petitioner's license to practice medicine is alien to the nature and types of punishment and penalties specified under the Contempt of Courts Act, 1971?
Final Decision
The Supreme Court allowed the appeal, set aside the impugned orders of the High Court suspending the appellant's medical license, and held that such suspension is alien to the nature and types of punishment and penalties specified under the Contempt of Courts Act, 1971.
Law Points
- Contempt of Courts Act
- 1971
- Section 12
- Punishment for contempt
- Suspension of medical license
- Inherent power of court
- Alternative remedy
