DMC/DC/F.14/Comp.

959/2013/ 21st October, 2013

ORDER

The Delhi Medical Council through its Disciplinary Committee examined a complaint of
Shri Randhir Singh, House No. 73, Police Colony, A-3, Paschim Vihar, New Delhi-110063
(referred hereinafter as the complainant), forwarded by the Medical Council of India,
alleging professional misconduct, on the part of Dr. Manoj Dhingra, in respect of MLC
prepared at Sanjay Gandhi Memorial Hospital, Mangol Puri, New Delhi (referred
hereinafter as the said Hospital).

The Order of the Disciplinary Committee dated 27 th September, 2013 is reproduced herein-
below :-

“The Disciplinary Committee of the Delhi Medical Council examined a

complaint of Shri Randhir Singh, House No. 73, Police Colony, A-3,
Paschim Vihar, New Delhi-110063 (referred hereinafter as the
complainant), forwarded by the Medical Council of India, alleging
professional misconduct, on the part of Dr. Manoj Dhingra, in respect of
MLC prepared at Sanjay Gandhi Memorial Hospital, Mangol Puri, New
Delhi (referred hereinafter as the said Hospital).

The Disciplinary Committee perused the complaint, written statement of

Dr. Puneeta Mahajan, Medical Superintendent, Sanjay Gandhi Memorial
Hospital enclosing written statement of Dr. Mangoj Dhinga, copy of
M.L.C. No. 17354 dated 21st November, 2010 and other documents on
record.

The following were heard in person.

1) Shri Randhir Sinrgh Saharan Complainant

2) Shri Sandeep Saharan Son of the complainant
3) Dr. Manoj Dhingra Mortuary, Sanjay Gandhi
Memorial Hospital
4) Dr. Sanjay K. Jain CCMO, Sanjay Gandhi Memorial
Hospital
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5) Dr. Sanjay Kumar H.O.D (Orthopaedics), Sanjay

Gandhi Memorial Hospital
6) Dr. Kartik Saxena H.O.D. (Surgery), Sanajy Gandhi
Memorial Hospital.
7) Dr. Puneeta Mahajan Medical Superintendent, Sanjay
Gandhi Memorial Hospital
8) S.I. Ganga Ram Investigation Officer, Police
Station Paschim Vihar, Delhi
9) S.I. Bhawani Shankar Investigation Officer, Police
Station Janakpuri, Delhi

It is alleged in the complaint that on 21 st November, 2010 at about 5.15

p.m. one Shri Yogender Prasad Yadav and his other family members in a
preplanned manner, has beaten the complainant wife and accordingly
the said incident was reported to the Police. The police officials of Police
Station Paschim Vihar, Delhi got medically examined the complainant’s
wife Smt. Rajpati Devi vide M.L.C. No. 17353, Shri Yogender Prasad
Yadav vide M.L.C. No. 17354 and Smt. Lali Devi vide M.L.C. No. 17355
in casualty of the said Hospital. As per duty doctor who examined Shri
Yogender Prasad Yadav and prepared his M.L.C., in his opinion, nature of
injury was simple and the necessary medical advice was given to Shri
Yogender Prasad Yadav by the said doctor and no serious injury or
symptom was reported to doctor by the above Shri Yogender Prasad
Yadav. Shri Yogender Prasad Yadav was not admitted in the hospital for
any further treatment or observation and he was discharged
immediately. Dr. Manoj Dhingra who was neither present in casualty at
the time of preparation of aforesaid MLCs nor examined the any of the
above persons including Shri Yogender Prasad Yadav. Subsequently, Dr.
Manoj Dhingra in connivance with above Shri Yogender Prasad Yadav, his
father Shri Jagdish Prasad Yadav, has made material alterations in the
Contd/:
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M.L.C. No. 17354 dated 21st November, 2010. The said Dr. Manoj
Dhinga changed the nature of injury from simple to grievous in the
aforesaid M.L.C. without medically examined Shri Yogender Prasad Yadav
on the date of incident i.e. on 21 st November, 2010 or without verifying
any of the medical reports of Shri Yogender Prasad Yadav. Dr. Manoj
Dhinga also added in the above M.L.C. after twenty days without any
reasons that “unable to walks, rest for three weeks.” The complainant
through Right to Information, collected information about the official
duties performed by Shri Yogender Prasad Yadav from 20 th November,
2010 to 21st January, 2011 and as per the reply dated 22 nd March, 2011
received from the Information Officer, Delhi Police, the said Shri
Yogender Prasad Yadav has performed regularly his official duties as
“Santri” and no twenty days leave or rest was availed by him during the
above period. On the basis of said false opinion which amounts to
tampering of official document as per Indian Penal Code, about the
nature of injury by Dr. Manoj Dhingra an F.I.R. bearing No. 43 dated
3.2.11 u/s 325/34 IPC was registered by the Police Station Paschim,
Delhi against the complainant and others. The complainant aggrieved
with the said act of Dr. Manoj Dhingra and other persons, filed complaint
with the D.C.P. (West District), New Delhi. The action was taken on his
complaint and explanation was seeks from Dr. Manoj Dhingra about his
opinion who in reply submitted that “it is submitted that M.L.C. No.
17354 of Shri Yogender Prasad Yadav dated 21 st November, 2010 in
connection with the case FIR No. 43/11 Police Station, Paschim Vihar,
New Delhi was submitted for opinion. According to M.L.C. injuries were
first sated as simple in nature, but later after Investigating Officer
produced OPD cards reg. No. 378081 of ortho. and reg. No. 378080 of
surgery dated 10th December, 2010, where rest for three weeks was
Contd/:
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written, after going through M.L.C. and the OPD cards only the opinion
has been given by him of injuries being of grievous nature accordingly to
eight clause of grievous hurt of section 320 IPC which states that “any
hurt which endangers life which causes its sufferer severe bodily pain or
makes him unable to follow his ordinary pursuits for a period of twenty
days”. If there is any evidence as has being attached now with
application that the patient did not follow doctor’s advice as given in
M.L.C. and OPD cards and was able to follow his ordinary pursuits before
completion of twenty days than injuries will not come under eight clause
of grievous hurt of Section 320 IPC and so injuries become simple in
nature. But no evidence of same was produced by Investigating Officer
at time of taking opinion on M.L.C. or anytime before this application. It
is clear from the above explanation that Dr. Manoj Dhinga has
altered/tempered M.L.C No. 17354 on the basis of OPD cards No. 378081
and 378080 both dated 10th December, 2010, which clearly shows that
above OPD cards were prepared after expiry of twenty days from the
date of incident and Dr. Manoj Dhingra in a planned manner and in
conspiracy with Shri Yogender Prasad Yadav, Shri Jagdish Prasad Yadav
with malafide intention to implicate complainant and his family members
in false criminal case has given false opinion based upon false facts. Due
to malafide acts of Dr. Manoj Dhingra and other above named persons,
the complainant and his whole family have suffered mental agony, pain,
humiliation and other physical and financial hardships apart from loss of
reputation and facing trial of the false case. The whole conduct of Dr.
Manoj Dhingra in the present case is malafide and the same is against
the ethics of medical professional. The said conduct is an act of breach
of trust of public in doctors. Dr. Manoj Dhingra has done forgery and
fabricated false M.L.C. to implicate the innocent complainant and his
Contd/:
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family members in false criminal case. The Delhi Medical Council is

requested to look into the matter and take necessary action against the
above Dr. Manoj Dhingra for his criminal acts which are against the law
and against the ethics of medical profession and the Delhi Medical
Council is further requested to save the innocent citizens from the
clutches of Dr. Manoj Dhingra.

Dr. Manoj Dhingra in his written statement averred that the doctor on
duty who examined Shri Yogender Prasad Yadav and also prepared
M.L.C. has not given opinion on M.L.C. regarding nature of injury, he has
only written on M.L.C. about his findings, which are abdomen tenderness
& bowls present, local tenderness left leg present, local tenderness left
hand present. Further, he has referred the patient to the department of
ortho. & surgery. The patient was examined by Senior Resident Ortho.,
who in his note has mentioned pain & swelling over left leg, tenderness &
swelling over left hand. Senior Resident Ortho. has also written that
bony crepitus which he could not assess due to pain. He has advised
elevation of limb and POP slap p to A/K in left lower limb and advised x-
ray. It is submitted that he was not supposed to be present in the
casualty at that time as his office and duty timings are different but he
has been giving the final opinion on the M.L.C. as per order of MS,
Sanjay Gandhi Memorial Hospital. No material alteration has been done
by him. He has only recorded the findings of the other doctor, who
examined and treated the patient. He gave his opinion on the records
produced before him by the police person. i.e. Investigating Officer.
Initially, he had given the opinion as simple because as per the x-ray
report there was no fracture and no free gas under diaphragm on x-ray
report of x-ray No. 6393-95. Later on he had to change the opinion from
Contd/:
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simple to grievous when the Investigating Officer had produced OPD

cards of ortho. department and surgery department. Cards No. 378081
and 378080 on which the concerned doctor has advised rest for three
weeks given on both the OPD cards. It was written, “unable to work,
rest for three weeks.” It is pertinent to mention here that as per clause
8 of Section 320 IPC, any hurt which endangers life or which causes the
sufferer to be during the space of twenty days in severe bodily pain, or
unable to follow his ordinary pursuits amounts to grievous hurt. Hence,
as per the advice of the doctor the nature of the injury was converted to
grievous. The change in the opinion was made only on the basis of the
documents supplied by the Investigating Officer and it was done as per
the provisions of the law. Here it is also submitted that neither the
patient, nor the Investigating Officer inquiring this case, nor the
complainant Shri Randhir Sing is known to him, either officially or
personally. Hence, he has only given his opinion in a totally professional
and unbiased manner. It is also pertinent to mention here that this false
and fabricated complaint made by the complainant is merely a pressure
to tactic to get the MLC result in his favour. The complainant is trying
hard to put undue pressure on him by means of making such complaints
at different forums. He has also approached him from different sources
to get the M.L.C. result in his favour. The complainant had also informed
his senior authorities in the hospital about the same. It is also learnt
that the complainant is having some monetary dispute with the patient
Shri Yogender Prasad Yadav whose M.L.C. he is challenging. This fact
can be got verified from his Investigating Officer also. This is now sure
that to settle his personal and monetary dispute he is involving him and
maligning him in this case. The complainant, who is also a police official,
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has made numerous false complaints because he has also written about
the complainant to his competent authorities to take necessary action
against the complainant so as to enable him to pay due attention to his
official work. Never in his my career span of over seventeen years in the
hospital, he has came across such a situation and has never been
accused of any wrongdoing, let alone the same be proved. The same
can be got verified from the hospital authorities.

The Investigation Officer, Police Station Janakpuri, S.I. Bhawani Shankar

stated that he does not have the O.P.D. cards of Shri Joginder Prasad
dated 10.12.10 of the Orthopaedics Department (O.P.D.
Regn.No.378081) and Surgery Department (O.P.D. Regn.No. 378080) of
the Sanjay Gandhi Memorial Hospital, as police had never taken
possession of them.

In light of the above, the Disciplinary Committee makes the following

observations :-

1. It is noted that Dr. M. Das, C.M.O, Sanjay Gandhi Memorial Hospital

in a statement made in CC No. 11/1/11 Police Station Paschim Vihar,
New Delhi dated 4.5.2012 has stated that Shri Yogender Prasad
Yadav was examined by him after which he was referred to surgery
and ortho. for examination. Both the surgery and ortho. doctors
examined him and kept under observation and after approximately
one hour, the patient left casualty as noted by Senior Resident
Surgery at 8.40 p.m., 9.30 p.m. and 9.50 p.m. without final advice.
As per records, M.L.C. No. 17353 and 17355, injuries are simple in
nature and caused by blunt object. He has seen the copy of the
M.L.C. No. 17354, which is E.CW6/D in the name of Yogender Prasad.
Contd/:
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The opinion regarding the rest of three weeks at portion mark A to B

has not been given by him

2. It is noted that the OPD cards of ortho. department and surgery

department of Sanjay Gandhi Memorial Hospital bearing no. 378081
and 378080 respectively were not produced before the Disciplinary
Committee, as the concerned Investigating Officer has submitted that
he has not taken custody of the aforementioned documents, which
from the facts of this case, are essential documents, which have
formed the basis of opinion of grievous injury, concluded by Dr. Manoj
Dhingra.

3. It is observed that Dr. Manoj Dhingra erred in opining the nature of

injury as ‘grievous’ based solely on a conclusion drawn by him that
‘the patient is unable to walk properly and unable do his routine work
and the rest has been given from three weeks”, which Dr. Manoj
Dhingra has concluded from the OPD cards of ortho. department and
surgery department bearing No. 378081 and 378080 respectively on
which, as per Dr. Manoj Dhingra the concerned doctor has advised
rest for three weeks. An injury will fall within the purview of Section
320 (viii) if “any hurt, which endangers life or which cause the
sufferer to be during the space of twenty days, in severe bodily pain,
or unable, to follow his ordinary pursuits”.

In view of the question mark hanging over the existence of

aforementioned OPD cards and no finding on the M.L.C, bearing No.
17354 dated 21st November, 2010 from which it may reasonably be
concluded that nature of injury was grievous in nature except Dr. Manoj
Dhingra’s conclusions arrived without examining the patient, it is the
Contd/:
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decision of the Disciplinary Committee that there has been no sufficient

material on record to conclude that nature of injury in this case were
grievous.

It is, therefore, the decision of the Disciplinary Committee that Dr.

Manoj Dhingra acted unprofessionally, hence, a warning be issued to Dr.
Manoj Kumar Dhingra (Delhi Medical Council Registration No.
4849). Dr. Manoj Kumar Dhingra is also directed to attend department
of Forensic Medicine for one week and retrain himself on injuries severity
evaluation and submit a compliance report to this effect to the Delhi
Medical Council.

Govt. of NCT of Delhi is also requested to organize a training programme

for all the medical officers involved in preparation of M.L.C. reports.

Complaint stands disposed.”

Sd/: Sd/:
(Dr. O.P. Kalra) (Dr. Anil Agarwal)
Chairman, Delhi Medical Association,
Disciplinary Committee Member
Disciplinary Committee
Sd/: Sd/:

(Dr. Prem Aggarwal) (Dr. Lalit Maini)

Eminent Publicman Expert Member
Member, Disciplinary Committee
Disciplinary Committee

The Order of the Disciplinary Committee dated 27 th September, 2013 was confirmed by the
Delhi Medical Council in its meeting held on 9th October, 2013 through majority decision.

By the Order & in the name of

Delhi Medical Council

(Dr. Girish Tyagi)

 Secretary
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Copy to : -

1) Shri Randhir Singh (AS), H.No., D-59, Amar Colony, Mundaka, Nangloi, Delhi-
110041.

2) Dr. Manoj Kumar Dhingra, Through Medical Superintendent, Sanjay Gandhi

Memorial Hospital, Mangol Puri, Dehi.

3) Medical Superintendent, Sanjay Gandhi Memorial Hospital, Mangol Puri, Delhi.

4) Investigation Officer, Through S.H.O. Police Station Paschim Vihar, New Delhi-
110063-w.r.t. F.I.R. No. 43 dated 3.2.2011 u/s 325/34, P.S. Paschim Vihar, New
Delhi-

5) S.I. Bhawani Shankar, Police Station Janakpuri, Through Dy. Commissioner of

Police, West District, Office of the Deputy Commission of the Police, West District,
Rajouri Garden, New Delhi-110043- w.r.t. F.I.R. No. 43 dated 3.2.2011 u/s 325/34,
P.S. Paschim Vihar, New Delhi-

6) Shri Anuj Kumar, Section Officer, Medical Council of India, Pocket-14, Sector-8,
Dwarka, New Delhi-110077-w.r.t. No. MCI-211(2)(592)/2011-Ethics./65963 dated
19.3.2012-for information.

7) Registrar, Karnataka Medical Council, No.70, Vaidyakeeya Bhavana K.R. Road,

Basavanagudi, Bangluru-560004, Karnataka (Dr. Manoj Kumar Dhingra is
registered with Karnataka Medical Council vide registration No. No-39207-
21/07/1994)-for information & necessary action.

8) Secretary, Medical Council of India, Pocket-14, Sector-8, Dwarka, New Delhi-

110077-for information & necessary action.

9) Principal Secretary (H&FW), Department of Health & Family Welfare, Govt. of NCT
of Delhi, 9th Level, A-Wing, Players Building, Delhi Secretariat, New Delhi, I.P.
Estate, New Delhi-110002.-for information & necessary action.

(Dr. Girish Tyagi)

Secretary