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2025 Supreme(Online)(CAL) 422

CALCUTTA HIGH COURT
Justice Harish Tandon, Justice Hiranmay Bhattacharyya, JJ
DR. DIPANKAR CHAKRABARTI – Appellant
Versus
WEST BENGAL CLINICAL ESTABLISHMENT REGULATORY COMMISSION AND ORS – Respondent


Advocates:
Dr. Dipankar Chakrabarti, Mr. Atarup Banerjee, Mr. Rajdeep Pramanik

Hiranmay Bhattacharyya, J.:-

1. This appeal is at the instance of an unsuccessful writ petitioner and is directed against an order dated August 8, 2024 passed by a learned Single Judge in WPA 18586 of 2024.

2. The daughter of the appellant lost her life at the age of 32 years during the COVID-19 pandemic at a hospital in Kolkata. The said lady after being discharged from the emergency room of Charnock Hospital breathed her last at Spandan Hospital.

3. Appellant filed an application before the West Bengal Clinical Establishment Regulatory Commission (for short “the Commission”) under the provisions of the West Bengal Clinical Establishments (Registration, Regulation and Transparency) Act, 2017 (for short “the 2017 Act”).

4. The said complaint was disposed of by the Commission by an order dated December 23, 2022 holding that principally the complaint relates to questioning the treatment protocol that would be clearly outside the domain of the Commission leaving the complainant/ appellant herein to approach the appropriate authority against the treating team questioning the treatment protocol. However, the Commission after examining the bill of Spandan Hospital found some amount was charg

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