STATE OF WEST BENGAL & ORS Vs. SUBIMAN SAHA AND ANR
LAWS(CAL)-2019-2-75
HIGH COURT OF CALCUTTA
Decided on February 18,2019

State Of West Bengal And Ors Appellant
VERSUS
Subiman Saha And Anr Respondents

JUDGEMENT

Dipankar Datta, J. - (1.) These writ petitions, having a common genesis, involve the same parties. The same were naturally heard together and we propose to dispose it of by this common judgment and order.
(2.) Before we refer to the subject matter of challenge in these writ petitions, it would be necessary to take a few steps backward in point of time and ascertain the facts leading to initiation of litigation before the West Bengal Administrative Tribunal (hereafter the tribunal) by the respondent no.1 (hereafter Dr. Saha).
(3.) By an order dated June 19, 2000, the Principal Secretary to the Government of West Bengal, Labour Department placed Dr. Saha under suspension with immediate effect and until further orders, in contemplation of an inquiry against him for gross negligence of duty and misconduct. At the relevant time, Dr. Saha was posted as the Medical Officer, Blood Bank, ESI Hospital, Manicktola, Kolkata. A charge-sheet dated August 25, 2000 followed soon thereafter. The articles of charge framed against him, read as follows: "Article of Charge-I That Dr. Subiman Saha, Ex-M.O. Blood Bank, ESI Hospital, Maicktala, committed gross blunder in detecting blood group of the deceased patient. It is highly irregular and unbecoming on the part of a responsible physician like him. Article of Charge-II Consequent upon wrong determination of Blood Group and RH factor of the patient Ku. Soma Porey by the said Dr. Subiman Saha, an unusual delay in transfusion of blood was caused. As a result, the patient breathed her last on 14.6.2000. The said Dr. Subiman Saha committed serious misconduct and created unnecessary harassment to the patient party. Article of Charge-III That Dr. Subiman Saha, committed gross negligence of duty in determining wrong blood group and RH factor in respect of deceased patient. Such lapse of treatment of Dr. Subiman Saha acted irresponsibility and lack of devotion to duty as a public servant.";


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