Dr. Adit Dey v. State Of West Bengal And ORS.

07-04-2022 ct no. 13 Sl. 4 pk WPA 9919 of 2020 (Through Video Conference) Dr. Adit Dey -VersusThe State of West Bengal & Ors.

Mr. Bhaskar Ghosh ....for the petitioner Mr. Tapan Kumar Mukherjee Mr. Swapan Kumar Dutta, Mr. Shamim ul Bari ....for the State This matter has been incorrectly marked for "Release" in the cause list.

The writ petitioner represented before the CMOH, Barrackpore, challenging a disability certificate dated 13.05.2014 issued to one Sumir Mukherjee, declaring that he is 70 per cent handicapped.

The writ petitioner contends that the limb of the said alleged victim, Sumir Mukherjee, is fully normal and functional. Even otherwise, it is submitted that the 70 per cent disability certificate is illegal.

Based on the illegal certificate the private respondent has lodged a huge claim for damages against the petitioner, before the Consumer Forum.

The petitioner has represented to the CMOH in this regard on 17th May, 2016, on his own, and also later on through his learned advocate, but in vain.

The CMOH, Barrackpore shall consider the writ petitioner's representation, annexed to the writ petition, and dispose of the same in accordance with law.

The petitioner shall serve a copy of the writ petition and supplementary affidavit afresh on the CMOH, Barrackpore for the aforesaid purpose. Let the consideration be effected by the CMOH, Barrackpore, within a period of two months from the date of communication of a copy of this order. With the aforesaid observations, the writ petition is disposed of.

There will be no order as to costs.

(Rajasekhar Mantha, J.)