ORDER
On the complaint filed by respondent Nos. 2 and 3, respondent No. 1 proceeded against the petitioner, a practicing Dental Surgeon and having found guilty, a communication dated 15.07.2014, as at Annexure-E, was sent and the petitioner was informed that his name has been removed from the Karnataka State Dental Council Registry, with effect from 05.07.2014, for a period of two years. Along with the said communication, an undated order of Karnataka State Dental Council was furnished.
Assailing the aforesaid communication and the enclosed order, this writ petition was filed on 26.07.2014
2. In response to the notice ordered, Sri. M.R Shailendra, has entered appearance for respondent No. 1. Sri. M.R Shailendra, submitted that in view of availability of an appeal as against the impugned decision, this writ petition is not entertainable i.e, for non-exhaustion of alternate and statutory remedy.
3. Sri. R.L Patil, learned senior advocate, submitted that the petitioner may be permitted to avail the statutory remedy by providing protection, for the present, more particularly on account of the provision appearing in sub-Section (3) of Section 41 of the Dentist Act, 1948, which makes it clear, that an order passed under sub-Section (1) shall not take effect until expiry of three months from the date thereof.
4. Perused the writ record. The impugned order, forwarded along with the communication, as at Annexure-E, does not bear the date. The communication, as at Annexure-E, makes it clear that the petitioner's name has been removed, with effect from 05.07.2014, from the Karnataka State Dental Council Registry, for a period of two years. Such a communication could not have been sent to the petitioner, inasmuch as any decision taken under sub-Section (1), shall not take effect, until expiry of three months from the date thereof, as has been mandated in sub-Section (3) of Section 41 of the Act.
In the circumstances, writ petition is disposed of permitting the petitioner to file an appeal as against the order enclosed to Annexure-E, in terms of the provisions under Section 41 of the Act. However, the impugned order forwarded along with Annexure-E of the first respondent, shall not be given effect to for a period of three months, commencing from 15.07.2014 i.e, upto 14.10.2014
If an appeal is filed, accompanied by an application seeking stay, the Principal Secretary to Government, Department of Health and Family Welfare Services, Government of Karnataka, Bangalore, shall consider the same and pass orders without any delay.
All contentions raised in this writ petition as against the impugned order/action of the first respondent are left open. The certified copy of Annexure-E produced along with this writ petition be returned to the petitioner upon a xerox copy being placed on record.
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