Calcutta High Court (Appellete Side)
Amri Hospitals Limited & Anr vs The State Of West Bengal & Ors on 6 July, 2021
06.07.2021
Ct. No.13
Sl. No.22
pk/akd
W.P.A. 10666 of 2021 [via video conference]
[AMRI Hospitals Limited & Anr. -Vs- The State of West Bengal & Ors.]
Mr. Soumya Majumder
Mr. Deepan Sarkar
Mr. Sourav Bhagat
Ms. Shruti Swaika
Mr. Prajata Kishore Chakraborty
... ... for the petitioners
Mr. Jishnu Chowdhury
... ... for the State
Mr. Atarup Banerjee
Mr. Golam Nure Imrohi
... ... for respondent no.2
Mr. Raghunath Chakraborti
... ... for respondent no.3
Learned counsel for the petitioners challenges an order of
the West Bengal Clinical Establishment Regulatory Commission
dated 1st April, 2021 in Case Reference INT/KOL/2020/12. By
the impugned judgment and order the Commission imposed a
penalty of three lakhs on the petitioner-clinical establishment of
which two lakhs was to be paid to the patient and a sum of Rs.
One lakh was to be paid to the Belur Sramojibi Hospital, a
philanthropic organisation.
Mr. Majumder, learned counsel appearing for the
petitioners would challenge the order on two fold grounds
primarily on jurisdiction. Firstly, he would submit that the
complainant was never admitted to the clinical establishment
and hence not a patient. The complainant's grievance could not
therefore have been dealt with by the Commission. Reliance is
placed on the definition of patient under Section 38 of the West
Bengal Clinical Establishment Act, 2017 read with Rule 2(18) of
the relevant Rules. It is submitted that the Commission even
otherwise did not have jurisdiction to award any penalty. Hence,
it is submitted the order is even otherwise without jurisdiction.
This Court has carefully gone through the order as placed
by Mr. Jishnu Chowdhury, learned counsel appearing for the
State. This Court is prima facie of the view that the Commission
may have had jurisdiction to entertain the complaint. This is
prima facie before the Commission and the provisions of the
West Bengal Clinical Establishment Act, 2017 and the Rules
framed thereunder. Insofar as the argument that the Commission
did not have the authority to impose penalty, this Court is equally
not satisfied that the Commission is not empowered to order the
clinical establishment to pay penalty under the Act in the facts of
the case.
For the aforesaid reasons, this Court is not inclined to
interfere with the order at the interim stage except as follows :-
The petitioner-clinical establishment would pay the
complainant-patient a sum of Rs. One lakh within a period of ten
days on the latter's undertaking that the said amount shall be
refunded, if directed by this Court, at a later stage in this
proceeding.
The balance sum of Rs. One lakh and the sum of Rs. One
lakh to be paid to Belur Sramojibi Hospital shall be deposited
with the Registrar General of this Court. The Registrar General
upon receipt of the said deposit shall invest the same in an
interest bearing account with a nationalised bank.
It is made clear that the aforesaid deposit and payment to
the respondent no.3 shall be made within a period of ten days
from date and shall be strictly without prejudice to the rights and
contentions of the petitioners as well as the respondents. This
Court at the final hearing stage will, inter alia, also examine
whether the Commission had jurisdiction to entertain the
complaint which resulted in the impugned order.
Let affidavit-in-opposition be filed to the writ application
within a period of three weeks from date. Reply, if any, be filed
within one week thereafter.
Liberty to mention for early hearing after completion of
pleadings.
All parties are to act on a server copy of this order duly
downloaded from the official website of this court.
(Rajasekhar Mantha, J.)
