Susmita Sengupta & Anr vs The Chairman
2021 Latest Caselaw 3107 Cal

25-05-2021 ct no. 13 Sl.6 sp

WPA 9756 of 2021 (Through Video Conference)

Susmita Sengupta & Anr.

-Versus-

The Chairman, Damodar Valley Corporation & Ors.

Mr. P. Roy, Mr. Subhajit Das ....for the petitioners

The writ petitioner has two-fold grievances

that his cashless medical treatment benefit

under tie up between his ex-employer, the

Damodar Valley Corporation and the Ruby

General Hospital has not been honoured.

The petitioner approached the West

Bengal Clinical Establishments Regulatory

Commission and obtained an order dated

January 18, 2021. By the said order, the

Commission directed the Ruby General Hospital

to reimburse all sums paid being the differential

amounts between two bills. The hospital was

also directed to render assistance to the

complainant in seeking appropriate

reimbursement from his ex-employer, the

Damodar Valley Corporation.

The petitioner submits before this Court

that he had applied before the Commission for

execution of the said order but there was no

reply by the Commission in this regard. No

formal application for execution has been

produced.

This Court notes that in terms of Sections

20 and 45 of the West Bengal Clinical

Establishments (Registration, Regulation and

Transparency) Act, 2017, the petitioner is

required to approach the Commission with an

appropriate application for execution of the

order dated 18.1.2021.

A writ Court under Article 226 of the

Constitution of India cannot be called upon to

execute orders passed by a Statutory Regulatory

Commission.

In those circumstances, granting liberty to

the petitioner to approach the Commission for

an appropriate application under Sections 20

and 45 of the aforesaid Act, the writ petition

shall stand dismissed.

There shall be no order as to costs.

Urgent photostat certified copy of this

judgment, if applied for, be given to the parties

upon compliance of all formalities.

(Rajasekhar Mantha, J.)