Chh HC | Aggrieved by an order passed under S. 41(1) Dentists Act, 1948 appeal can be filed before State Government in accordance with S. 41(4) of Dentists Act, 1948

Chhattisgarh High Court: Goutam Bhaduri, J. dismissed the petition as being devoid of merit.

The facts are such that the petitioner was accused of treating 1400 children of 6 villages by placing wire on teeth in order to get the advantage of the government scheme. The petitioner used the scheme of fixed orthodontic appliances over 281 children of different villages by providing treatment by wrongly applying fixed orthodontic appliances over 280 children of different villages. Consequent to this respondent no.4 i.e. Chhattisgarh State Dental Council in exercise of power under Section 41(1) of the Dentists Act, 1948 suspended the registration of the petitioner from 18.03.2021 to 18.03.2022. The instant petition was filed challenging the suspension order on grounds of stating that such order is without jurisdiction.

Counsel for the petitioners Mr Prafull Bharat submitted that order suspending the petitioner’s practice is not embodied in Section 41 of The Dentists Act, 1948 which speaks only about removal from register and such removal will not include the suspension. It was further submitted that the facts of the accusation was not ascertained and the treatment was done by following the due procedure as to be implemented by the State Government.

Counsel for the respondents Mr Gagan Tiwari submitted that Section 41 of The Dentist Act, 1948 states regarding the removal from register and the removal of registration in the instant case was made for a specific period. It was further submitted that the nature of allegations leveled against the petitioner was enquired and the petitioner was given an opportunity of hearing and thereafter the orders were passed. It was further submitted that the petitioner has a statutory remedy to file an appeal before the State Government.

The Court observed that a reading of sub-section (4) of Section 41 of Dentists Act, 1948 purports that if a person feels aggrieved by an order passed under sub section (1), he may file an appeal to the State Government.

The Court held “the petitioner if is aggrieved by the order can avail statutory remedy of filing an appeal before the State Government under sub-section (4) of Section 41 of the Act.”

In view of the above, petition was dismissed.[Manish Kumar Pandit v. State of Chhattisgarh, 2021 SCC OnLine Chh 908, decided on 07-04-2021]

Arunima Bose, Editorial Assistant has reported this brief.

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