VidhiSangh

Supreme Court of India · 28/07/2023

GOSTHO BEHARI DAS versus DIPAK KUMAR SANYAL & ORS.

[2023] 10 S.C.R. 1174 · 2023 INSC 653

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Summary

The Court restored a doctor’s licence suspended in contempt proceedings concerning unauthorised construction. Suspending a professional licence is outside the recognised punishments for contempt and cannot replace the separate statutory process governing professional misconduct. The Court also required an undertaking for safe remedial work and demolition of the remaining unauthorised portion.

Issues

  1. Whether contempt jurisdiction authorised suspension of a medical licence.
  2. What directions were required concerning the remaining unauthorised construction.

Provisions considered

Held

Result

Appeal allowed; impugned appellate judgment and specified Single Judge orders set aside, and medical licence revived. Undertaking for safe completion of remaining demolition required before the High Court. No costs.

Judgment PDF: Supreme Court of India, [2023] 10 S.C.R. 1174.