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2025 DAILYLAW 1707 (CHH)

AMRESH KUMAR DUBEY v. STATE OF CHHATTISGARH

WPC/185/2025 · 2025-01-14

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:2120 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 185 of 2025 1 Amresh Kumar Dubey S/o Sudhama Prasad Dubey Aged About 42 Years R/o Kadampara, Police Station And Tehsil Pratappur, District Surajpur, Chhattisgarh ... Petitioner(s) versus 1 State Of Chhattisgarh Through Secretary, Department Of Health And Family Welfare, Mahanadi Bhawan, New Raipur, District Raipur, Chhattisgarh. 2 Directorate Of Health And Family Welfare Through Director, Directorare Of Health And Family Welfare, Indrawati Bhawan, New Raipur, District Raipur, Chhattisgarh. 3 Chief Medical And Health Officer Ambikapur, District Surguja, Chhattisgarh 4 Chhattisgarh Medical Council Through The President, Chhattisgarh Medical Council, Raipur Having Office At 1st Floor, Dr. Balmukund Sharma Clinic, Kankalipara, Near Nagar Nigam Ayurvvedic Hospital, Raipur, District Raipur, Chhattisgarh. 5 Registrar Chhattisgarh Medical Council, 1st Floor, Dr. Balmukund Sharma Clinic, Kankalipara, Near Nagar Nigam Ayurvvedic Hospital, Raipur, District Raipur, Chhattisgarh. 6 Dr. Ashish Jaiswal Mata Rajrani Memorial Hospital, Joda Talab, Ambikapur, District Surguja, Chhattisgarh. 2 7 Dr. Harshpreet Singh Tuteja Mata Rajrani Memorial Hospital, Joda Talab, Ambikapur, District Surguja, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Shri Amrito Das, Advocate For Respondent(s) No. 1,2 & 3/ State : Ms. Anuja Sharma, P.L. For Respondents NO. 4 & 5 : Dr. Sudeep Agrawal with Ms. Apoorva Nigam, Advocate Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 14/01/2025 Heard. 1. The present writ petition has been filed by the petitioner who had filed a complaint before the C.G. Medical Council, Raipur alleging negligent medical treatment by Respondents No. 6 & 7, to his daughter, in which the C.G. Medical Council, Raipur has recommended respondent No. 3/ Chief Medical & Health Officer, Ambikapur (CMHO) for suspension of registration of respondent No. 7 for a period of one year. 2. Learned counsel for the petitioner submits that inspite of the recommendation of the Medical Council the respondent No. 3 has not taken any action or steps for suspension of registration of Respondent No. 7. He further submits that the petitioner/ complainant has also intimated the CMHO, Ambikapur about the recommendation made by the Medical Council but no steps has been taken till date. 3. Learned State counsel submits that as the Medical Council, Raipur has recommended suspension of registration of respondent No. 7, respondent No. 3 will take immediate steps for implementation of the recommendation of the Medical Council, Raipur. 3 4. Learned counsel for the C.G. Medical Council supporting the recommendation and submits that unless and until the recommendation is challenged in any higher forum, the Sate is duty bound to follow the recommendation made by the council. 5. I have heard learned counsel for the parties and perused the records. 6. Perusal of Annexure P-5, that is the recommendation made by the C.G. Medical Council, Raipur shows that the recommendation of suspension of registration of respondent No. 7 has been made after detail examination of the complaint and contention of the parties. Any recommendation made by the C.G. Medical Council has to be complied with by the respondent authority to whom the recommendation has been made. Hence, as the respondent No. 3 has not taken any steps till date on the basis of recommendation made by the council, It is directed that respondent No. 3 shall take necessary steps to comply with the recommendation of the council within a period of 15 days from today if the recommendation of the council is not challenged in any higher forum. 7. Accordingly with the aforesaid observation, the writ petition stands disposed off. Sd/- (Bibhu Datta Guru) JUDGE Jyoti