15/04/2020
NO CRIME IF GOVT EMPLOYED DOCTOR PRACTICE PRIVATE
A bench comprising Justices Markandey Katju and Gyan Sudha Misra quashed the FIR lodged against two Punjab government doctors, who were charging Rs 100 per patient in an evening private clinic, under Prevention of Corruption Act and Section 168 of the Indian Penal Code, under which it is an offence for a government servant to engage in a trade.
As the Punjab government had banned private practice by doctors in its employment, the police booked the two in April 2003 for charging fee from patients. The bench said at best it could amount to breaching a government order making them liable for departmental action.
Justice Misra, writing the judgment for the Bench, said corruption meant acceptance or demand of illegal gratification for doing an official act. "The demand/receipt of a fee while doing private practice by itself cannot be held to be an illegal gratification as the same is obviously the amount charged towards professional remuneration," she said.
"It would be preposterous, in our view, to hold that if a doctor charges a fee for extending medical help and is doing that by way of his professional duty, the same would amount to illegal gratification as that would be even against plain common sense," she said.
If a government doctor violates a government order banning private practice, then it would "fall within the ambit of misconduct to be dealt with under the service rules but would not constitute a criminal offence under the Prevention of Corruption Act," Justice Misra said.
