No. 8/28.06.2011.

HON’BLE JUSTICE SRI PRABIR KUMAR SAMANTA, PRESIDENT.

Revision Petitioner is present through Ld. Advocate Mr. A. K. Sil.  O.Ps are absent on calls.

This revisional application is directed against order dated 06.10.2010 passed in Complaint Case 391 of 2005 thereby directing the O.P. No. 1 to supply copy of the documents mentioned in Schedule ‘A’ to the petition dated 30.08.2010 filed by the Complainant.  By the said petition the Complainant prayed for a direction upon the O.P. No. 1 to produce copies of the documents as mentioned in Schedule ‘A’ to the above petition.  In the said Schedule ‘A’ the various documents including the particular document/register maintained by the O.P. No. 1 showing the presence of the particular nursing staff at its hospital during the night 12.06.2005. 

It is not in dispute that the above Complaint Case is in relation to the alleged medical negligence by the O.Ps while the Complainant was admitted in the hospital of the O.P. No. 1 after surgery in his eyes.  In Paragraph 17 of the said complaint a specific allegation has been made against the attending nurse who performed the night duty on 12.06.2005 while Complainant remained admitted in the O.P. No. 1, Eye Hospital.  Regard being had to the said specific allegation against the nurse on duty on the said date while the Complainant was admitted in the said Hospital we are of the view that for the effective adjudication of the above case of medical negligence such document is necessary.  All other documents as mentioned in the Schedule ‘A’ of above petition have no relevance to the alleged case of medical negligence as made out by the Complainant.  The revisional application is thus disposed of by modifying the impugned order dated 06.10.2010 by directing the O.P. No. 1 to supply only the copy of the document as mentioned in item No. (a) of the Schedule ‘A’ to the petition dated 30.08.2010 filed by the Complainant, on which the impugned order has been made.  The revisional application is thus disposed of.