A quasi-judicial body (Mental Health Review Board) has dismissed a petition and issued a 'final order' without conducting a scheduled cross-examination of the respondent. Sec 83 of the Mental Healthcare Act, 2017 provides an option of appeal to the HC. Under this scenario, what should the petitioner do? File a Civil Miscellaneous Appeal or file a Writ Petition as there is a gross violation of principles of natural justice? Pls clarify.
Q2: The major ground of the case amidst other procedural violations is denial of cross-examination which is a serious error on the side of the MHRB. When an appeal is filed, who defends the case, whether it is the counsel of the Board (the quasi-judicial body) or the medical practioners? Is it necessary to include the practioners names as respondents because the appeal is against the board's procedural lapses?