Cal HC sets aside cancellation of ex-MP Santanu Sen's medical registration

Kolkata, Jul 7 (PTI) Offering relief to suspended Trinamool Congress leader and former Rajya Sabha MP Dr Santanu Sen, the Calcutta High Court on Monday set aside the West Bengal Medical Council (WBMC) order which had suspended the registration of the private medical practitioner for two years.

Sen had challenged the WBMC's July 4 order, which temporarily removed him from the list of registered medical practitioners on the grounds of "breach of ethics" for alleged use of a qualification on his official letterhead, which the council construed as an "infamous conduct in profession which misguided and misdirected the general public".

While allowing the WBMC authorities to initiate disciplinary proceedings against Sen afresh if there was a requirement, the bench of Justice Amrita Sinha set aside the council's order on the grounds that it did not disclose the reasons for prosecuting the petitioner, hence forbidding him to challenge the same before the appellate authority.

"Without entering into any further details, the court is of the opinion that the impugned order is bereft of the grounds on which it has been passed, can be treated to be a non-speaking and cryptic order in violation of the principles of natural justice and is liable to be set aside," the court order stated.

The face-off between Sen and the state medical council began on May 15 this year when the later took a suo motu cognisance of the radiologist using for the past six years the nomenclature 'FRCP (Glasg)' on his official letterhead, apparently denoting a degree when, in fact, it was no more than an honorary diploma of fellowship from the Royal College of Physicians and Surgeons in Glasgow.

Sen was, subsequently, issued a show-cause notice on June 9 but, as submitted by his counsel in court, never formally communicated about the penal order that followed his response to the notice on June 23.

"My client learnt about the order to cancel his registration from the council website where it was uploaded. He received no formal communication from the council. The order accorded no reasons for prosecuting him but, contrary to the claim of suo motu cognisance in its previous communication, the council stated this time that it possessed information and evidence based on a complaint," Sen's counsel submitted.

"The petitioner alleges that neither any information, nor evidence, nor complaint, nor a report of inquiry was ever furnished to him," the court order stated.

Appearing on behalf of the council, Advocate General Kishor Dutta argued that the council's charge sheet is a detailed one and the petitioner was aware of all the charges leveled against him.

"It has been submitted that it is the admitted case of the petitioner that the diploma is a qualification for which the petitioner has applied for registration. It has been submitted that the general public may be misguided and misdirected by observing the description of the doctor as reflected in the letterhead. It has also been argued that the petitioner, in no manner, will be prejudiced if the reasons are not disclosed in the impugned order," the court order, summing up the WBMC submission, stated.

The court said it did not accept that argument of the AG.

"The delinquent is certainly entitled to know the reasons for which he is being removed from the register of medical practitioners," the court order stated.

While directing the council to forward the petitioner any information, evidence, complaint or inquiry report based on which the show-cause notice and the penal order was issued, the judge restrained Sen from using the expression 'FRCP (Glasg)' on his letterheads until further orders and, instead, use the 'diploma of fellowship' expression mentioned in his certificate from Glasgow. PTI SMY ACD