Utsab Sen v. State Of West Bengal And ORS.

12.06.2024 Court No.13 Item No. 4 pk WPA 13316 of 2023 Utsab Sen Vs.

State of West Bengal and others Mr. Moyukh Mukherjee, Mr. Abhijeet Singh, Ms. Sagnika Banerjee ... for the petitioner.

Mr. Saibalendu Bhowmik, Mr. Biplab Guha Mr. Raj Sekhar Basu ... for the respondent no. 2.

Mr. Pappu Adhikari ... for the respondent no. 4.

1. Affidavit of service filed in Court is taken on record.

2. The petitioner is aggrieved by inaction on the part of the West Bengal Medical Council in disposing of his complaint received on 10th May, 2023.

The petitioner's complaint concerns alleged negligence of certain doctors and a clinical establishment of repute in Calcutta.

3. The grievance of the petitioner in essence is that his father died due to negligence on the part of the doctors as well as the medical establishment.

4. Ms. Sagnika Banerjee led by Mr. Moyukh Mukherjee has placed the entire facts eloquently before this Court.

5. In the backdrop of the above, this Court is of the view that the writ petition could be disposed of directing the West Bengal Medical Council to dispose

of the complaint of the petitioner received on 10th May, 2023 within a period of three months from date mandatorily and positively.

6. Let a copy of the decision of the Council be supplied to the petitioner immediately thereupon.

The petitioner shall participate in any proceeding that the Medical Council may take out and assist by deposing evidence, if necessary.

7. The proceeding shall be conducted by the Medical Council in accordance with the applicable rules.

8. The writ petition is disposed of.

9. There will be no order as to costs.

10. All parties are to act on a server copy of this order duly downloaded from the official website of this court.

(Rajasekhar Mantha, J.)