RUPA BASU BANERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present writ petitioner Dr. (Mrs.) Rupa Basu (Banerjee) has challenged the propriety and legality of the order dated 07.05.2009 passed by the Principal Secretary, Department of Health and Family Welfare, Government of West Bengal enhancing the penalty imposed upon hS.er S.the West Bengal Medical Council and in essence in this case authority of the appellate forum has been challenged after taking part in the proceedings before such forum having been dissatisfied with the enhanced punishment inflicted by such forum.

(2.) The fact of the case in a nutshell is that the petitioner is a qualified doctor having a registration certificate issued by the West Bengal Medical Council, the respondent no. 3 herein, and holds a diploma in Gynaecology and Obstatics from the Calcutta University and post graduate degree in the same field. Smt. Madhumita Baral, the respondent no. 6, is the wife of respondent no. 5, a railway employee. The respondent no. 6 conceived for the third time at the age of 34 years and instead of availing the railway medical facilities to which she is entitled as wife of a railway employee she had chosen admission in New Life Maternity Nursing Home, Chanditala, Hooghly under the petitioner and was admitted to the said nursing home on 14.08.1999 for Lower Uterine Caesarian Section and bilateral tubectomy operation. Before that she was treated elsewhere and attended the OPD of Eastern Railways Hospital at Liluah on 23.07.1999 and was referred to Gynaecological department of B. R. Singh Hospital, Caluctta. On the morning of 15.08.1999 the patient underwent LUCS and bilateral tubectomy under the petitioner and gave birth to a female baby. Nine days thereafter, the said patient and her female baby were discharged from the nursing home on 24.08.1999. On 27.08.1999 on call the petitioner attended the respondent no. 6 for dressing the caesarian section scar. On 30.08.1999 the patient had a complaint of bleeding from the caesarian section scar and gave a call to the petitioner and the said complaint was taken care of by one Shri Asish Banerjee, a staff of the nursing home. But since the complaint persisted, Dr. Biplab Banerjee, the husband of the petitioner, who is also a medical practitioner, due to his social obligations visited the patient at her residence on 31.08.1999 and dressed the scar and prescribed medicines. The husband of the petitioner attended the said patient in the first week of September, 1999 at her residence on complimentary basis.

(3.) It further transpires that after birth of the female baby she has become a victim of Birth Asplysia and underwent prolonged treatment but expired on 18.02.2002 on way to B. R. Singh Hospital being referred to by the Chanditala Rural Hospital, Hooghly.