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Medical practitioner – Professional conduct committee. The appellant consultant ophthalmologist appealed against the Fitness to Practise Panel of the respondent General Medical Council's finding of serious misconduct and its decision to suspend his registration for six months. The Administrative Court, in allowing the appeal, held that it had not been open to infer that the appellant had deliberately withheld from his employer sums of money which he had received from private patients and which he had known he should have paid, and had been deliberately dishonest. It was inappropriate to remit the case because a future panel would reach the same erroneous conclusion.
Medical practitioner – Professional conduct committee. The appellant consultant ophthalmologist appealed against the Fitness to Practise Panel of the respondent General Medical Council's finding of serious misconduct and its decision to suspend his registration for six months. The Administrative Court, in allowing the appeal, held that it had not been open to infer that the appellant had deliberately withheld from his employer sums of money which he had received from private patients and which he had known he should have paid, and had been deliberately dishonest. It was inappropriate to remit the case because a future panel would reach the same erroneous conclusion.
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