- (1.) This rule is directed against the order of the West Bengal Medical Council, a statutory body, dated September 1, 1969, that petitioner's name be removed from the Register of the Registered Medical Practitioners. The petitioner was registered under section 15 of the Bengal Medical Act, 1914. The petitioner stated that in the usual course of his professional work, he maintains a case register in which names of the patients with the dates of the treatment and medicines prescribed are entered. In course of his professions work, the petitioner treated Smt. Ajmiran Khatun, wife of Yasin Khan, an employee of State Trading Corporation of India Ltd., having its office at No.13, Lindsay Street, Calcutta-16 and Amina Khatun, the daughter of the said employee. The petitioner treated them from March 21, 1967 and March 30, 1967 and gave injections to the patients and also issued the essentiality certificate to them on April 8, 1967. On April 29, 1967 the petitioner lodged a diary with the officer-in-charge, Karaya Police Station to the extent that the period mentioned in respect of the patients aforesaid was a mistake. The Officer of the Central Bureau of Investigation (S.P.E.), West Bengal is at No. 13, Lindsay Street, Calcutta-16, where the office of State Trading Corporation is located.
(2.) The respondent No.4, an officer of the Central Bureau of Investigation come to the petitioner's chamber and wanted to see the case diary for the patients maintained by the petitioner. The petitioner verbally protested against such want on interference with his professional work, but, being the police officer concerned the petitioner had to yield and produced the case diary before the officer concerned whereupon the said office concerned questioned the petitioner about the overwritings. The said officer took away the case diary and granted receipt for the same. It is alleged that the complaint was made by the respondent No.4 at the instance of the respondent Nos.1 and 2. Be that as it may the respondent No.4 made a report against the petitioner. On the basis of that report the petitioner was asked to show case. The petitioner gave an explanation which was placed before the Penal Cases Committee and on a consideration of that report and the explanation given by the petitioner the mater was sent to the Council for further action. The Council thought that enquiry ought to be held in the matter and enquiry was, in fact, held. At the enquiry the petitioner was given notice to appear and the petitioner did appear and on the same date after hearing the petitioner the impugned order was passed by the Council which was communicated afterwards.
(3.) The short point on behalf of the respondent is that there is violation of the Rules and the Rules were not followed in conduction the enquiry. The Rules which are relevant for the purpose was framed under section 33(2) (b) (c) and (d) of the Bengal Medical Act, 1914. The said Notification of the Rules framed are framed under the statutory power under the Bengal Medical Act, 1914. It is not disputed that the Rules as framed are Statutory Rules. For the purpose of procedure to be followed in conducting any enquiry referred to in proviso (b) to section 17 and clause (a) of section 25 of the Act it has been provided as follows: - "5. Whenever information is received that a Medical Practitioner, who is an applicant for registration, or whose name has already been registered, has been guilty of conduct which prima facie constitutes in famous conduct in a professional respect, the Registrar shall make an abstract of such information and of such further informations as he may have subsequently obtained. 6. Where the information in question is in the nature of a complaint by a person or body charging the Practitioner with in famous conduct in a professional respect such complaint shall be made in writing addressed to the Registrar, and shall state the grounds of complaint and "shall be accompanied by one or more declarations as to the facts of the case except when the complaint is by a Government Department. 7. Every declaration must state the description and true place of abode of the declarant, and where the fact stated in a declaration is not within the personal knowledge of the declarant, the source of the information and grounds for the belief of the declarant in its truth must be accurately and fully stated. 8(1). The abstract and all other documents bearing on the case together with any complaint that may have been lodged shall be submitted by the Registrar to the President, who shall, if he thinks fit, instruct the Registrar to ask the practitioner by means of a registered letter for an explanation within a time to be fixed by the President. After the expiry of that time the documents with the explanation, if any, shall be referred for consideration to a Penal Cases Committee which shall be appointed by the Council. The Committee shall have power to cause further investigation to be made and further evidence to be taken and, if necessary, obtain further legal or other advice. (2) The committee shall report to the Council, and if the Council consider that the case is one in which in enquiry ought to be held by the Council, the President shall direct the Registrar to take steps for the institution of an enquiry and for having the case heard and determined by the Council. 9.The enquiry shall be instituted by the issue of a notice in writing on behalf of the Council, by the Registrar, addressed to the practitioner, such notice shall specify the nature and particulars of the charge, shall inform the practitioner of the day on which the Council intend to deal with the case, and shall call upon him to answer the charge in writing and to attend before the Council on that day. 10.The notice referred to in Rule 9 shall be in Form No. V in the Appendix to these rules, with such variations as circumstances may require. It shall be sent at least twenty-one days before the date of the enquiry, and shall be accompanied by a copy of section 17 or 25 of the Act, as the case may be, and of the rules to regulate the procedure for conducting any enquiry referred to in those sections. A copy of the notice should at the same time be sent to the complainant if any. 11.In every case in which the Council resolve that an enquiry shall be instituted and a notice for an enquiry is issued accordingly, the complainant (if any) and the Medical Practitioner charged shall, upon request in writing for that purpose signed by him or his legal representative, be entitled to be supplied by the Registrar with a copy of any declaration, explanation, answer or other document given or sent to the Council by or on behalf of the other party, which such other party will be entitled proper proof to use at the hearing as evidence in support of or in answer to the charge specified in the notice of enquiry. 12.Any application made by the Medical Practitioner between the date of issue of the notice date named for the hearing of the charge shall be dealt with by the President in such manner as he shall think fit. 13.All material documents which are to be laid before the Council as evidence in regard to the case shall be printed, and a copy shall be furnished to each member of the Council before the hearing of the case. 14.At the hearing of the case by the Council, the complainant and also the petitioner may be represented or assisted by a legal representative. 15.Where a complainant appears personally or by a legal representative, the order of procedure shall be as follows: - (1) The Register will read to the Council the notice of the enquiry addressed to the practitioner. (2) The complainant will then be invited to state his case himself or by his legal representative and to produce his proofs in support of it. At the conclusion of the complainant's proofs his case will be closed. (3) The practitioner will then be invited to state his case himself or by his legal representative, and to produce his proofs in support of it. He may address the Council either before or at the conclusion of his proofs, but only once. (4) At the conclusion of the practitioner's case, the Council will, if the practitioner has produced evidence hear the complainant in reply on the case generally, but will hear no further evidence except in any special case in which the Council may think it right to receive such further evidence. If the practitioner produces no evidence, the complainant will not be heard in reply, except by special leave of the Councils. (5) Where a witness is produced by any party before the Council, he will be first examined by the party producing him, and then cross-examined by the adverse party, and then reexamined by the party producing him. The Council may decline to admit in evidence any declaration where the declarant is not present for, or declines to submit to, cross-examination. (6) The Chairman of the meeting may put question to any witness and members of the Council, through the Chairman, may also put questions to any witness. 16.Where there is no complaint or no complainant appears, the order of procedure shall be as follows: - (1) The Registrar will read to the Council the notice of enquiry addressed to the practitioner and will state the facts of the case and produce before the Council the evidence by which it is supported. (2) The practitioner will then the invited to state his case himself or by his legal representative, and to produce his proofs in support of it. He may address the Council either before or, at the conclusion of his proofs, but only once. 17.(1)Upon the conclusion of the case the Council will deliberate thereon in private, and at the conclusion of the deliberations the Chairman shall call upon the Council to vote on the question whether the Medical Practitioner charged is guilty of in famous conduct in a professional respect. (2) If the Council, by a majority of two-thirds of the members present and voting at the meeting, find the Medical Practitioner guilty of in famous conduct in a professional respect, the Council shall direct the Registrar not to register his name, if he be an applicant for registration, or to remove his name from the Register of Registered Practitioners, if he is already a Registered Practitioner or to warn or to ensure him.";