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2018 DIGILAW 5 (CAL)

Girish Deo Majhi v. Eastern Coalfields Limited

2018-01-02

SAMBUDDHA CHAKRABARTI

body2018
JUDGMENT : 1. The petitioner is directed to incorporate the State of West Bengal through the Principal Secretary, Family Health & Welfare Department and the Superintendent, S.S.K.M. Hospital as respondents to the writ petition. Let the cause title be amended in course of this day. 2. Mr. Joytosh Majumder, the learned Government Pleader, is requested to appear in this matter for the added respondents. 3. The petitioner is directed to serve a copy of the writ petition upon Mr. Majumder positively by tomorrow (03.01.2018). 4. Let the report filed on behalf of the respondent no. 5 be kept with the record. The petitioner does not wish to file any rejoinder to the same. 5. Perused the report as well as the writ petition. It seems that there are conflicting opinions between two sets of doctors, i.e. the doctors who examined the petitioner at his work place as well as the doctors who examined the petitioner at Sub-Divisional Hospital, Durgapur. The report dated February 14, 2017 of the Appellate Medical Board appears to be confusing. On that date the Appellate Medical Board advised the admission of the petitioner to a hospital. From page 29 of the report it appears that the said Medical Board had declared the petitioner fit for duty. The explanation sought to be given by Mr. Kumar, the learned advocate for the Eastern Coalfields Limited, is not at all convincing. He could not explain if a patient is advised to be admitted to a hospital why he should be declared fit for duty and the basis for such opinion in either case does not appear from any of the medical documents. So also is the position with regard to the opinion expressed by the Medical Board formed by the Sub-Divisional Hospital at Durgapur. 6. In such view of it, I direct the added respondent to arrange for a medical examination of the petitioner by a duly constituted Medical Board comprising a Cardiologist and a Neurologist of S.S.K.M. Hospital, Kolkata. 7. The petitioner is directed to report to the Superintendent with a copy of the order and the Superintendent shall arrange for such medical examination within a period of two weeks from the date of the petitioner’s reporting. 7. The petitioner is directed to report to the Superintendent with a copy of the order and the Superintendent shall arrange for such medical examination within a period of two weeks from the date of the petitioner’s reporting. It is made clear that if the petitioner does not report within two weeks from date, the Superintendent of the S.S.K.M. Hospital shall not be under any obligation to arrange for such medical examination. A copy of the medical examination report shall be sent to the learned Government Pleader directly so that the report may be placed before the Court on the next occasion. The report must specifically disclose whether the petitioner, given the fact that he is appointed as a Liftman, is fit to continue his present duties. 8. Mr. Kumar has taken very strong exception to the manner in which the Medical Board was constituted and the report of the Medical Board as given by the Sub-Divisional Hospital, Durgapur. According to Mr. Kumar on September 9, 2017 the Medical Board comprising three doctors was constituted which examined the petitioner, that too at an OPD ticket, on September 11, 2017. September 10, 2017 was a Sunday. The chronology of events apparently lends support to suspicion expressed by Mr. Kumar. 9. In such view of it, the Court directs the Superintendent of the Hospital to file a report how this could happen and whether the team of doctors included any Cardiologist and, if any, whether a Medical Officer without being a specialist was eligible to give the certificate about the fitness of the petitioner. The report must further explain the basis of the opinion and the examinations undertaken by the committee before expressing their opinion that the petitioner was unfit for further work. 10. Let the matter appear as a Listed Motion in the Combined Monthly List of February, 2017 within the first 50 matters under that heading. 11. The learned Government Pleader shall communicate the gist of the order to the Superintendent of Sub-Divisional Hospital at Durgapur and the said Superintendent shall comply with the same without insisting on a certified copy of the order.