The Calcutta High Court on Monday set aside the West Bengal Medical Council’s (WBMC) decision to suspend the medical registration of Dr Santanu Sen, a Trinamool Congress leader and former Rajya Sabha MP, offering major relief to the radiologist-politician. The court held that the WBMC’s two-year suspension order was “non-speaking and cryptic,” and thus violative of the principles of natural justice.
Justice Amrita Sinha, while delivering the order, noted that the July 4 suspension order lacked any stated reasons for prosecuting Dr Sen, thereby denying him the opportunity to appeal it properly before a higher authority.
“The impugned order is bereft of the grounds on which it has been passed… in violation of the principles of natural justice and is liable to be set aside,” the court said in its strongly worded judgment.
The controversy began on May 15, when the WBMC initiated suo motu disciplinary proceedings against Dr Sen for allegedly using the title “FRCP (Glasg)” on his official letterhead. The council deemed this an unethical act, arguing it misled the public by implying he held a medical qualification, when in fact it was an honorary fellowship from the Royal College of Physicians and Surgeons of Glasgow.
A show-cause notice was issued to Dr Sen on June 9, to which he replied on June 23. However, according to Sen’s counsel, he was never formally informed of the suspension order and only came to know of it through the WBMC’s website. His lawyer also told the court that no evidence, complaint, or inquiry report had been shared with Sen during the proceedings.
“The petitioner alleges that neither any information, nor evidence, nor complaint, nor a report of inquiry was ever furnished to him,” the court noted.
Defending the council’s position, Advocate General Kishor Dutta argued that the petitioner was aware of the charges and that the omission of reasons in the order did not prejudice him. The court disagreed, asserting that any person facing disciplinary action is entitled to know the grounds for it.
“The delinquent is certainly entitled to know the reasons for which he is being removed from the register of medical practitioners,” the court observed.
While quashing the order, the court permitted the WBMC to initiate fresh disciplinary proceedings if necessary, but directed that all relevant materials — including the complaint, evidence, and inquiry report — be forwarded to Dr Sen.
Justice Sinha also restrained Sen from using the term “FRCP (Glasg)” on his letterhead going forward. Instead, he may refer to the credential as a “diploma of fellowship,” consistent with the terminology used in the certificate issued by the Glasgow college.
