​The complainant is being represented by his Ld. Advocate who has appeared today by filing hazira. Today is the date fixed for report from the Supt.-cum-Vice Principal, SSKM Hospital, Kolkata. The said report has already been received on 24.12.2013 which has been kept in record. Heard the Ld. Advocate for the complainant after giving him opportunity to see the contents of the said report.

Perused the petition of complaint, Xerox copies of documents filed on record by the complainant as also the report dated 29.10.2013 of the Medical Board of C.M.O.H., Purba Medinipur and further report of the Medical Supt.-cum-Vice Principal, SSKM, Kolkata, based on the opinion cum report of Prof.(Dr.) Mita Khan, Head of the Ophthalmology, SSKM and Prof.(Dr.) Prasenjit Maiti, Ophthalmologist, SSKM Kolkata, which we called for as further opinion.

The above mentioned medical report of the Board of CMOH speaks that “the laxity from the part of the OPs could not be established”.

It is opined by the doctors of SSKM in the aforesaid report being Memo no. SSKM/MSVP/2119 dtd. 18.12.2013 forwarded by Supt.-cum-Vice Principal, SSKM Hospital that “the OP no.2 Dr. Asim Kumar Sil, cannot be held negligent in the course of treatment of the patient because of the reasons stated in the advice report.”

Having regard to the facts and circumstances of the case, and discussions made above including the aforesaid reports and opinions of the Medical Officers of CMOH, Purba Medinipur and of the Medical Officers of the SSKM Hospital, Kolkata, as also considering the submissions of the Ld. Advocate for the complainant, we feel that, no prima facie ingredients as to alleged medical negligence made against the OPs, as stated in the petition of complaint, is made out. So, the instant complaint cannot be accepted for further proceedings. That being so, the instant petition of complaint is liable to be rejected, i.e. the instant case is liable to be dismissed.

Hence, it is,

ORDERED

that the petition of complaint is rejected, i.e. the complaint case being no. CC-66/2013 be and the same is dismissed against the OPs but without any cost.