NARENDRA OMPRAKASH BANSAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Petitioner No.1 was holding the post as Head of the Department, Professor of Cardiology in the Grant Medical College and Sir J.J. Group of Hospitals, Mumbai. The Petitioner is working as Head of the Department since August, 2002.

(2.) THE Petitioner No.2 holds a degree of M.D. Medicines, D.M. Cardiology from Mumbai University and is working as Hon. Professor of Cardiology and Unit head 2 at Grant Medical College and Sir J.J. Hospital, Mumbai. Both the petitioners as of today are under suspension. The Petitioner No.1 by order dated 13.7.2004 and Petitioner No.2 by order dated 30.8.2005.

(3.) IN the prayer Clause, Petitioners have sought change of constitution of the committee by excluding (i) Mr. Ramesh Kumar, FDA Commissioner (ii) Dr. Anand Dongre, Forensic Medicine Professor, (iii) Dr. Kirti Punamiya, Cardiologist from Bombay Hospital and (iv) Dr. Vijay Bang, Cardiology Professor from J.J. Hospital from the said committee. The grievance of the Petitioners against these members is that Dr. Vijay Bang is an interested person being junior and is now acting Head of the department of Cardiology subsequent to the suspension of the Petitioner No.1. Dr. Kirti Punamiya is much junior to the Petitioner No.1. Mr. Ramesh Kumar has filed an affidavit to contend all through out against the opinion of the Drug Controller of India that the Drug Eluting Stent is a medicine and needed CE/FDA certification. The said stand taken by Ramesh Kumar has been proved to be wrong. The Respondent State was asked whether it was possible to make changes in the constitution of the committee. The learned Sr. Counsel for the State has placed on record a letter written by the Deputy Secretary, Government of Maharashtra to the Asst. Government Pleader dated 24.2.2006. Dr. Vijay Bang and Dr. Poonamiya have been replaced by Dr. Susheel Munshi, Ex-Hon. Professor (Cardiology), KEM Hospital presently working as Cardiologist in Jaslok Hospital and Dr. Satyawan Sharma, Ex. Hon Professor (Cardiology), Nair Hospital, Mumbai presently working as Cardiologist in Bombay Hospital. In place of Mr. Ramesh Kumar, Commissioner, F.D.A. the Government has proposed the name of Mr. A.T. Vatkar, Senior Joint Commissioner, F.D.A. In our opinion, this would meet the challenges raised by the Petitioner for the constitution of the committee. The State Government is therefore, directed to issue a notification substituting the three members against whom objections were raised and in respect of whom the State Government has proposed new names. In so far objection against Dr. Anand Dongre is concerned, we find he is a professor of Forensic Medicines and we find no objection to his continuing on the committee. The relief sought for in prayer Clause (a) is accordingly disposed of.