This appeal has been made after Ghosh’s involvement in serious criminal cases and his arrest by the Central Bureau of Investigation.CBIon charges relating to Rape and murder The murder of a postgraduate doctor of RG Kar Medical College, as well as allegations of corruption during his tenure as principal.
Arrest of Dr. Sandip Ghosh and CBI’s allegations
Dr Sandip Ghosh was arrested by the CBI on September 15, 2024, in connection with the tragic rape and murder of a postgraduate doctor on the hospital premises in August. In this high-profile case, Ghosh and police officer Abhijit Mandal were accused of obstructing justice by delaying the declaration of death of the victim and postponing the registration of the FIR (First Information Report). These actions have led to allegations that Ghosh attempted to destroy crucial evidence related to the crime.
Earlier in September, Ghosh was also taken into judicial custody on separate charges of corruption related to financial mismanagement during his tenure at RG Kar Medical College. Enforcement Directorate (ED) is investigating the money laundering aspect of these financial irregularities. Additional allegations by the CBI of alleged role in misleading the investigation and concealing the death of the victim have further intensified the demand for disciplinary action by the West Bengal Municipal Corporation.
IMA’s appeal to WBMC: Legal implications
The Bengal state branch of the IMA has taken a tough stand and has pressured the WBMC to cancel Dr Ghosh’s medical registration immediately. According to their appeal, Dr Ghosh was given ample opportunity to respond to the show cause notice from the council, yet he failed to do so. According to the IMA letter, the medical community is now seeking an explanation as to why the WBMC has not yet taken any concrete action to cancel Ghosh’s registration despite the severity of the allegations against him.
This raises the question – can the West Bengal Medical Council actually cancel Dr Ghosh’s registration based on the allegations and his actions? The answer lies in specific provisions of the Constitution. WBMC Act,
West Bengal Medical Council Cancellation of Registration Rules
The West Bengal Medical Council has clearly laid down rules for cancelling or suspending a doctor’s registration under certain conditions. These rules are made to protect the integrity of the medical profession and to ensure that doctors adhere to both legal and ethical standards.
According to the WBMC, the council can deny or cancel the registration of a medical professional if certain criteria are met. One of the most important criteria includes legal convictions. The council has the authority to take action in cases where:
Non-bailable offences: If a registered medical practitioner is convicted by a court for a non-bailable offence, the council can cancel his registration. This rule applies until the conviction is reversed or set aside by a higher court, and the person remains disqualified by reason of the offence. In Ghosh’s case, the serious allegations of rape, murder and corruption being investigated by both the CBI and the ED, fall squarely in this category.
Notorious Business Conduct: The WBMC also has the power to cancel the registration of a doctor found guilty of disgraceful conduct in any professional matter. This decision can be taken after a thorough investigation, where the doctor is given an opportunity to defend himself. If two-thirds of the council members present during the investigation agree, the doctor’s name can be removed from the register. Dr Ghosh’s alleged involvement in obstruction of justice and destruction of evidence can be looked into under this rule if proven.
Proper procedure for cancellation of registration
Before taking such drastic steps, the WBMC follows a procedure to ensure fairness as per the WBMC Act. The council first issues a show cause notice to the doctor concerned, giving him an opportunity to explain why his registration should not be cancelled. In Dr Ghosh’s case, this show cause notice was issued on September 7, 2024, and despite being given three days to respond, he reportedly did not respond. The council may now deliberate on cancellation based on non-compliance with the notice and the serious nature of the allegations.
What happens after West Bengal Medical Council takes decision on cancellation?
Once the WBMC decides to cancel a doctor’s registration, the doctor must submit his registration certificate to the council. The cancellation is also published in the official gazette to ensure transparency and inform the public. However, under the WBMC rules, there is also a provision for reinstatement. If, later, the doctor’s name is cleared of wrongdoing, their registration can be reinstated in the council’s register, and the reinstatement is also officially published.
