- (1.) We have heard learned Counsel for the parties. It is not disputed before us that the appellant has already filed a writ petition being W.P. No. 841 of 2007 challenging the proceedings initiated against him by the West Bengal Medical Council. This writ petition is admittedly pending for final disposal. Thereafter, the petitioner filed W. P. No. 1275 of 2008, which was also dismissed by this Court with the following observations: - "5.1 Having considered the submission of the parties the Notice dated 3rd July, 2008 cannot be set aside for the following reasons: 5.2 Rule 8(1) postulates an enquiry and investigation by the Penal Committee. The said Committee is a fact finding body and for the purpose of furnishing its report is entitled to take further evidence either documentary or by deposition. This fact finding body is neither quasi judicial or judicial in nature. Its decision is also not a judicial decision. In fact, it makes an investigation and submits a report. Therefore, the element of cross-examination cannot be inbuilt. This is clear from Rules 11 and 15 which satisfies the principles of Natural Justice by giving the parties an opportunity. Rule 11 permits furnishing of copies to the medical practitioner while Rule 15(5) gives an opportunity to examine and cross-examine witnesses. 5.3 If the intention of the Rule making authority was to allow cross-examination at the investigation stage, the same would have been incorporated in Rule 8(1). Not having done so cross- examination was not intended at the Rule 8(1) stage. 5.4 The Rules have also not been challenged by the petitioner as ultra vires the Constitution of India. 5.5 For all the said reasons no order can be passed on this application and the application is dismissed."
(2.) The aforesaid order has also been confirmed by the Court of Appeal.
(3.) The petitioner again filed this writ petition in which prayer has been made that further proceedings before the Medical Council be stayed as the same allegations are subject-matter of the criminal trial against the appellant on the basis of criminal case being G .R. No. 1998 of 2005 (arising out of Shakespeare Sarani P.S/D.D. Case No. 263 dated 29.8.2005). This case is pending before the Metropolitan Magistrate, 12th Court, Kolkata. "The writ petition has been dismissed by the trial Court with the following observations: - "In the considered view of this Court, initiation of criminal proceedings against the petitioner is a subsequent event and such subsequent event can be brought to the notice of the Court by taking appropriate step in connection with the pending writ petition. A separate writ petition for this purpose would not be maintainable. The writ petition accordingly fails and is dismissed.";