TAPAN MUKHERJEE Vs. MEDICAL COUNCIL OF INDIA

JUDGEMENT

(1.) In each of the writ petitions the subject matter of challenge is an order dated 1 October, 2014 passed by the Executive Committee of the Medical Council of India approving the recommendation of the Ethics Committee taken in its meetings dated 17 and 18 July, 2014. The recommendation of the Ethics Committee was to remove the name of Dr. Tapan Mukherjee (writ petitioner in WP 4202 (W) of 2015) for three years from the Indian Medical Register; to remove the name of Dr. Joydip Basu (writ petitioner in WP 4204 (W) of 2015) for a period of two years from the Indian Medical Register; and to remove the name of Dr. Kamal Kumar Das (writ petitioner in WP 4205 (W) of 2015) for a period of five years from the Indian Medical Register. Similar questions of fact and law are involved in all the three writ petitions and accordingly the three writ petitions have been taken up together for hearing and disposal. Arguments have been advanced with reference to the records of WP No. 4202 (W) of 2015 and I will proceed on that basis.

(2.) The undisputed facts of the case are that Soma Saha Roy, since deceased, wife of the respondent no. 6 was admitted to Uma Medical Related Institute (P) Ltd., Teghoria, Calcutta (hereinafter referred to as the 'Nursing Home') on 14 October, 2012. On 15 October, 2012 Dr. Tapan Mukherjee performed laparoscopic cholecystectomy on her and Dr. Joydip Basu performed the gynaecological part of the surgery assisted by Dr. Kamal Kumar Das. On 17 October, 2012 the patient passed away in the Nursing Home.

(3.) On 9 January, 2013 the respondent no. 6 (Biman Kumar Saha Roy) lodged a complaint with the Medical Council of India (in short MCI), New Delhi against the aforesaid three doctors alleging negligence on their part in performing surgery on his wife. On 30 January, 2013 MCI forwarded the complaint to the West Bengal Medical Council (in short 'WBMC') for investigation and taking necessary action in the matter within a period of six months as required under clause 8.4 of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 (in short the '2002 Regulations'). Under cover of a letter dated 12 February, 2013 WMBC forwarded copies of the complaint to the writ petitioners calling for an explanation from them within 15 days. Written statements were submitted by the writ petitioners to the WBMC on 27 February, 2013.