SUPRIYA SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner has preferred the instant writ petition against a Memo bearing no. 3050-C/73-2004 dated January 15, 2007 whereby respondent No. 3, the Registrar, West Bengal Medical Council (for short, "the WBMC") informed the petitioner that the WBMC (respondent no. 2) had decided 'not to proceed further' with her complaint against the respondent no. 5, who is a medical practitioner. The complaint had been lodged on the ground of alleged infamous professional conduct of respondent no. 5.

(2.) Allegedly, the petitioner had gone to the respondent no. 5, an Orthopaedic Surgeon, with a pain on her left wrist, when the latter advised immediate X-ray at one 'Ma Fouzdari X-Ray Clinic', attached to his chamber. The Xray plate and report were allegedly not given to the petitioner but handed over directly to the respondent no. 5, who opined that the petitioner had a "Scaphoid Fracture" and required a plaster. Thereafter the petitioner went to other medical practitioners and had X-rays taken in other diagnostic centres, all of whom were unanimous that she did not have a Scaphoid Fracture and no plaster was required.

(3.) However, the petitioner complains that when she met respondent no. 5 on the next scheduled date, and showed him the prescriptions, X-ray plates and reports obtained elsewhere, the respondent no. 5 became furious, was reluctant to see those documents and threw those away as well as abused the petitioner and the other physicians in filthy language. As per the complaint, respondent no. 5 then forcibly applied P.O.P. encircled plaster on the left wrist of the petitioner and applied sling, advising 6 weeks' immobilization. The X-ray plate was then handed over without, however, the radiologist's report.