I.P. Mukerji, J. - (1.) I have had the privilege of going through the draft judgment prepared by my sister Amrita Sinha, J. I agree with the conclusions reached by her ladyship. Nevertheless, since this matter is of great importance I would like to deliver a separate concurring judgment.
(2.) The appellant is a very qualified and senior medical practitioner. In 1987, he obtained the MBBS degree from the Medical College, Kolkata. Thereafter, in 1992, he got the DCH qualification from Chittaranjan Seva Sadan, Kolkata. In 2009 he obtained MD in Pediatrics and DM in neurology from PGIMER, Chandigarh. He worked in the Dhanbad Railway hospital as paediatrician and thereafter with B. R. Singh Hospital. Now, he specialises in neurology and works with K. G. Hospital, in Chittaranjan, district Bardhaman.
(3.) It so happened that on or about 24th December, 2010 the regular ward doctors of the hospital were on leave. The appellant was in charge, although he was a specialist in neuroscience. On that day, a young girl Purbasha Das of about 19 years of age was admitted to the hospital. Such admission was made on the advice of the out-door doctor. She was suffering from fever for two or three days accompanied by loose motion and nausea. The hospital had no blood testing facility. On clinical examination of the patient, the appellant prescribed a combination of two antibiotics and supporting drugs and IV fluid, namely, Cefotaxime, Ofloxacin, Rantac injection Paracetamol and IV fluid. Later, on 25th December, 2010 on receipt of blood test reports, including the report of Widal test he advised the addition of a third antibiotic, Chloromycetin, suspecting typhoid. The patient remained under his care till 26th December, 2010. According to the statement made by the appellant before the State Consumer Disputes Redressal Commission, West Bengal, in the case subsequently started against him, CC Case No.40 of 2012, "the patient was responding to the treatment and her condition quite stable and improving till 26th December, 2010.";