ANIRUDDHA BOSE, J.:-

1. The petitioner in W.P. No. 9758 (W) of 2011 is Dr. Sukumar Mukherjee, a medical practitioner. He has challenged the validity of an order passed by the Medical Council of India (MCI) acting in the capacity of appellate authority over the West Bengal Medical Council (the State Council) in relation to a proceeding involving allegations of medical negligence. By this order issued on 23 May 2011, the MCI has directed removal of the writ petitioner’s name for a period of three months from the register of the State Council. The State Council had cleared the writ petitioner of the charge of negligence by its decision dated 18 June, 2002. The order of 23 May, 2011 was issued by the MCI in an appeal filed by Dr. Kunal Saha (the respondent no. 4 in W.P. No. 9758 (W) of 2011) under the provisions of Clause 8.8 of the Indian Medical Council (Professional Conduct Etiquette and Ethics) Regulations, 2002 (the 2002 Regulations), framed under the provisions of the Indian Medical Council Act, 1956 (the 1956 Act). Dr. Saha is also a medical practitioner involved, inter alia, in research work, based in the United States of America. He was the complainant before the State