A magistrate and retired medical practitioner has been issued with formal advice for misconduct after he obtained x-rays of a colleague without consent in a bid to be helpful.
Ramesh Nayak was alleged to have obtained the medical records ollowing a conversation with his colleague about an injury they had sustained.
The Judicial Conduct Investigations Office said Nayak’s actions ‘caused the colleague to feel concern about Mr Nayak’s management of confidential information’.
Nayak said his colleague was ‘aware of his specialist knowledge of orthopaedic injuries and had approached him for advice’. Nayak had obtained the x-rays via a contact ‘with the intention of being helpful’.
‘He acknowledged that obtaining his colleague’s x-rays without their consent was inappropriate. He was remorseful and offered reassurance that his actions would not be repeated,’ the JCIO said.
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An investigation found Nayak had ‘failed to adhere to the requirement that magistrates are circumspect in their behaviour, and that Mr Nayak’s actions gave rise to concerns about how he managed confidential information, which is a core requirement of a magistrate’.
Mr Justice Keehan, on behalf of the lady chief justice, and with the lord chancellor’s agreement issued Nayak with formal advice for misconduct. Sanctions for misconduct by judicial office-holders are, in order of severity, formal advice, formal warning, reprimand and removal from office.
