Medical practitioners are entitled to fair procedures and natural justice, particularly concerning allegations of infamous conduct, which must align with specific misconduct definitions.

1. The petitioner is a doctor who completed his MBBS in the year 2004 and did Diploma in Tuberculosis and Chest Diseases (DTCD) in 2009 from the Medical College and Hospital, Kolkata. Thereafter, the petitioner did his MD in Tropical Medicine in 2013 from the School of Tropical Medicine at Kolkata. The petitioner has been working as an associate consultant in the critical care unit of the Gastroenterology Department of the Apollo Gleneagles Hospital, Kolkata. On April 15, 2017, a minor child named Kuheli Chakroborty was admitted in the emergency room of the Apollo Gleneagles Hospital after being referred by the ESI Hospital, Joka as a case of passage of blood in stool since four days. The child was admitted under Dr. V.R. Srivastava (consultant pediatric surgeon) at bed no. P - 20 of the pediatric ward of the hospital. The situation of the child was assessed by the on - duty pediatric doctor, who discussed with Dr. VR. Srivastava, and, as per her advice the patient was referred to Dr. Vjay Rai (Gastroenterologist). On April 16, 2017, the child was seen by Dr. VR. Srivastava and certain examinations were done as per her advice. Thereafter, later on the same day, the child was seen by Dr. S.C. Tiwari. The on - call Doctor from Gastroenterology Department, as asked by his Department, merely suggested Sigmoidoscopy to be done on April 17, 2017, Nil - per - mouth (NPM) for four hours with proper hydration, Enema (once) and certain blood and stool examinations.

2. In the evening of April 16, 2017 itself, Dr. VR. Srivastava was informed regarding Sigmoidoscopy Her advice was taken in that regard.

3. On April 17, 2017, Dr. V.R. Srivastava again saw the child and planned for Sigmoidoscopy, kept NPM from 11 a.m., and directed neotomic enema and the patient was started being administered IV fluid at 11 a.m. Thereafter, at 2.45 p.m. the same day, the Dr. S.C. Tiwari, after discussion with the HOD, informed the pediatric ward doctor and also Dr. V.R. Srivastava that in view of no definite polyp having been found in the rectal examination, a decision was taken to do full length Colonoscopy on the next day after proper preparation.

4. At 4 p.m. on April 17, 2017, a phone call went from a pediatric ward doctor to Dr. S.C. Tiwari regarding Colonoscopy preparation, when he suggested proceeding as per protocol. The baby was subsequently assessed by the on - duty pediatric doctor and was found clinically stable. The baby was kept on NPM and maintenance IV fluid was started at 10 a.m. on April 18, 2017. Thereafter, Dr. V.R. Srivastava examined the baby, followed by the patient being sent to the Gastroenterology Department for endoscopic procedure, evaluated by Dr. Sanjay Mahawar (consultant anesthetist) and Dr. M.K. Goenka (consultant Gastroenterologist). Colonoscopy was then done by Dr. M.K. Goenka under close anesthetic monitoring by Dr. Sanjay Mahawar. Subsequently, medical procedure was adopted for the child and the child was in observation under Dr. Mahawar and by the Pediatric Intensive Care Unit (PICU) team led by Dr. P.S. Bhattacharya, Dr. D. Ghosh (Cardiologist) and also seen by Dr. M.K. Goenka and Dr. V R. Srivastava. After successful resuscitation, the patient was shifted to PICU and the parents were counselled and updated about the entire events. In PICU, the child was put on mechanical ventilation and medication and other supportive measures were administered as required, continuously assessed and treated by the PICU team as indica