GMC ordered to retry GP's case
The GMC has been ordered
to retry a GP it failed to strike
off for serious professional
The High Court ruled last week that a GMC fitness to practise panel should have considered Dr Mahesh Rajeshwar had an 'indecent motive' for conducting intimate breast examinations of two women.
The decision is the latest example of 'double jeopardy' rules that enable the recently-established Council for Healthcare Regulation and Excellence to challenge GMC decisions.
Robert Jay QC, barrister for the CHRE, said the GMC's decision not to accuse Dr Rajeshwar of 'indecent conduct' was inexplicable and its penalty, imposing conditions on his practice for 18 months, 'unduly lenient'.
Mr Justice Sullivan said there was 'no doubt the GMC should have amended the charges so as to have alleged indecency and/ or a sexual motivation'. He added: 'I appreciate there is double jeopardy and inevitably there will be further stress on Dr Rajeshwar. But in cases such as this, double jeopardy is necessary.'