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
- Whether contempt jurisdiction authorised suspension of a medical licence.
- What directions were required concerning the remaining unauthorised construction.
Provisions considered
- Sections 2(b) and 12(1) and (2), Contempt of Courts Act, 1971The civil-contempt framework and limits on punishment did not authorise suspension of a medical practitioner’s licence. (¶¶ 10, 11, 12, 18, 19, 20, 21)
Held
- Contempt powers must be used judiciously, sparingly and for protection of the administration of justice. Suspension of a professional licence is not a recognised contempt punishment. Section 12’s prescribed sanctions could not be supplemented by the licence suspension imposed here. (¶¶ 12, 13, 14, 15, 16, 18, 19, 20)
- Conduct amounting to contempt might also constitute professional misconduct depending on its nature and gravity, but the two are distinct. Professional discipline must follow the governing medical legislation and its inquiry safeguards; contempt jurisdiction cannot substitute for that mechanism. (¶¶ 7, 8, 18, 21)
- As to the remaining unauthorised construction, the appellant was required to furnish an undertaking to the High Court that protective remedial work and consequential demolition would be completed within a reasonable time. (¶ 24)
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.