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2018 Supreme(Cal) 84

SANJIB BANERJEE, SABYASACHI BHATTACHARYYA
Kunal Saha – Appellant
Versus
Principal Secretary, Department of Health and Family Welfare, Government of West Bengal – Respondent


Advocates Appeared:
For the Petitioner: Dr. Kunal Saha (In person).
For the Respondent:Mr. Kishore Dutta, Advocate General, Mr. Abhratosh Majumdar, Addl. AG., Mr. Debasish Ghosh, Adv., Mr. Paritosh Sinha, Adv. Mr. Pratap Chatterjee, Sr. Adv., Mr. Debajyoti Datta, adv., Mr. Rishad Medora, Adv., Mr. Bikash Goswami, Adv., Mr. N. Mythrey Abhilash, Adv.

JUDGMENT :

Sanjib Banerjee, J.

Both the petitions under Article 226 of the Constitution challenge the appointment of a senior doctor as a member of the West Bengal Clinical Establishment Regulatory Commission on the ground that he has been found to be negligent in the conduct of a particular case and adverse comments have been made against him in a judgment of the Supreme Court of India. The petitioners exhort that in view of Article 144 of the Constitution the appointment as a member be annulled.

2. The petitioner in person in WP 17057(W) of 2017 claims to be a “physician from Kolkata … permanently settled in the USA for the past more than two decades …” Such petitioner is not a citizen of India but is an overseas citizen of India within the meaning of that expression in the Citizenship Act, 1955. According to such petitioner, his wife took ill while on a social visit to India with the petitioner and died at the age of 36 “primarily due to the negligent therapy by” the second respondent to his petition. Such petitioner claims to have battled in courts across India before the Supreme Court apparently held the second respondent herein guilty of medical negligence and primarily responsi

































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