City Live Nurshing Home And Diagnostic Centre And ANR v. State Of West Bengal And ORS.

7th July, 2022 (D/L No.20) (SKB) W.P.A. 13459 of 2022 City Live Nurshing Home and Diagnostic Centre and another

Versus

The State of West Bengal and others Mr. Anjan Bhattacharya ... for the petitioners.

Mr. Samrat Sen, Mr. Nilotpal Chatterjee ... for the State.

The petitioners are aggrieved by an order passed by the Director of Health Service, West Bengal on 11th April, 2022. By the said order, the petitioners have been subjected to payment of a penal amount of Rs.57,62,000/-. The petitioners have received two letters thereafter. The last being of 28th June, 2022 by which the petitioners have to pay the said amount within the time framed by the State Government. The petitioners are also aggrieved by order of the State Surveillance Team.

Learned counsel appearing for the State submits that the petitioners have the option of availing of the mechanism under the Swasthya Sathi Scheme which provides for a Grievance Redressal Mechanism to be considered by the Chief Secretary, Government of West Bengal.

Clause 21.4D mentions that any stake holder aggrieved by the action or decision of the State Government can address his/her grievance to the State Level Implementation Committee headed by the Chief Secretary, Government of West Bengal. The relevant clause also provides that the Chief Secretary shall also take a decision on the issue at the earliest. Considering the Grievance Redressal Mechanism under the Swasthya Sathi Scheme, W.P.A.13459 of 2022 is disposed of with liberty given to the petitioners to avail of the Grievance Redressal Mechanism under the Swasthya Sathi Scheme. The hearing and the decision shall be made as provided by the Mechanism in the Scheme.

(Moushumi Bhattacharya, J.)