Palash Goswami v. State Of West Bengal And ORS.

03.08.2022 Ct. 5 D/L 24 ab WPA 8051 of 2022 Palash Goswami -VsThe State of West Bengal & Ors.

Ms. Sanghamitra Nandy ... for the petitioner Mr. Santanu Kumar Mitra, Mr. Mirza Kamruddin ... for the State The Report filed by the Medical Superintendent cum Vice Principal, NRS Medical College and Hospital shows that the Enquiry Committee formed by the MS cum VP to enquire into the allegations made by the petitioner is a detailed document addressing each of the five points raised by the petitioner by the communication, received by the respondent no. 2 on 21.05.2021. The analysis of the case is equally detailed where the factual sequence as well as the allegations made by the petitioner, being the husband of the deceased patient, at the NRS Medical Hospital and College, have been gone into with the support of medical evidence.

It appears that the petitioner now seeks to challenge the findings in the Report. The petitioner's

exception to the Report is also on record. The exception takes various points with regard to the factual conspectus of the matter.

Upon considering both the report as well as the exception thereto, this Court is of the view that the petitioner's prayer for compensation against the NRS Medical College and Hospital cannot be granted in the writ petition in its present form. The petitioner shall be at liberty of filing a fresh writ petition challenging the findings of the Report, if the petitioner is so advised. WPA 8051 of 2022 is disposed of in terms of the above.

( Moushumi Bhattacharya, J.)