DEBANGSU BASAK, J. - (1.) Affidavit of service filed in Court be kept with the record.
(2.) A decision of the West Bengal Medical Council punishing the petitioner is under challenge in the present writ petition.
(3.) Learned senior advocate appearing for the petitioner submits that, the petitioner had taken part in an operation of kidney transplant. The petitioner was the surgeon for donor. The operation was performed on July 24, 2010. The donee was discharged on September 14, 2010. The donee unfortunately expired on January 17, 2011. The petitioner came to know about a demand notice issued on behalf of the donee for money in the month of May 2011. Thereafter, a complaint against the petitioner before the West Bengal Medical Council lodged in September 03, 2012 which has resulted in the impugned decision. He submits that, the petitioner has preferred an appeal before the appellate authority under the provisions of the Bengal Medical Act, 1914. Such appeal is pending. He seeks interim protection during the pendency of the appeal since the petitioner is a professional. The period of punishment has been directed to commence from the date of communication of the impugned decision. The petitioner having received the communication, the punishment has come into being. Therefore, the balance of convenience and inconvenience lies in favour of the petitioner in granting an interim stay during the period when the appellate authorities are in sessions of the proceedings. He draws the attention of the Court to the minutes of the interim meeting of the West Bengal Medical Council dated August 23, 2017 which imposes the punishment. He submits that, the proceedings are bereft of any reason as to why the petitioner was found guilty and such quantum of punishment was imposed.;