IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.46327 OF 2018 (GM-RES) BETWEEN:
SMT. SHAHIDA KHANUM, W/O. SRI. M.A. SALEEM KHAN C. AGED ABOUT 63 YEARS, NO.406, 1ST FLOOR, 2ND MAIN, 1ST CROSS, MES ROAD, BAHUBALI NAGAR, BENGALURU – 560 013.
REPRESENTED BY HER G.P.A HOLDER, SRI. SALEEM KHAN M.A., S/O M.A. AZEEM KHAN.
… PETITIONER (BY SRI. R. KOTHWAL, ADV.) AND:
1. DR. MOHAMMED IRSHAD AHMED, THE ORTHO SURGEON, AGED ABOUT 60 YEARS, ACURA SPECIALITY HOSPITAL, NO.105, ACURA HOSPITAL, 17TH ‘C’ MAIN ROAD, VTH BLOCK, KORAMANGALA, BENGALURU – 560 095.
ALSO AT:
#2489, 16TH C MAIN, HAL II STAGE, (OPP.BESCOM) BENGALURU – 560 038.
2. DR. SHAFIQ A. M. THE CONSULTANT, AGED ABOUT 50 YEARS DEPARTMENT OF ORTHOPAEDICS SPECIALIST HOSPITAL, A UNIT OF SPECIALIST HEALTH, SYSTEMS PVT. LTD., #216, 7TH MAIN, 80 FEET ROAD, 1ST BLOCK, HRBR LAYOUT, KALYANA NAGAR, BENGALURU – 560 043.
3. ACURA SPECIALITY HOSPITAL NO.105, ACURA HOSPITAL, 17TH ‘C’ MAIN ROAD, V BLOCK, KORAMANGALA, BENGALURU – 560 095. REPRESENTED BY ITS CMO.
4. THE KARNATAKA MEDICAL COUNCIL #16/6, 2ND FLOOR, MILLER TANK BUND AREA VASANTH NAGAR, BENGALURU – 560 052.
REPRESENTED BY ITS PRESIDENT.
… RESPONDENTS (BY SRI. R. C. NAGARAJ, ADV FOR R4; SRI. ISMAIL M. MUSBA, ADV FOR R2; R-3 SERVED & UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-4/THE KARNATAKA MEDICAL COUNCIL IN FILE OF ENQUIRY NO.31/2016 BANGALORE AS TO DISPOSE THE MATTER EXPEDITITOUSLY WIHTIN STIPULATED PERIOD FROM THE DATE OF THE ORDER OF THIS HON'BLE COURT AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri. R. Kothwal, learned counsel for the petitioner. Sri. R. C. Nagaraj, learned counsel for respondent No.4. Sri. Ismail M. Musba, learned counsel for respondent No.2.
In this petition, the petitioner inter alia seeks for a direction to respondent No.4 on the file of Enquiry No.31/2016 Bengaluru to dispose of the matter expeditiously within stipulated period from the date of the order of this Hon’ble Court.
2. When the matter was taken up today, learned counsel for the petitioner submitted that the writ petition may be disposed of with a direction to respondent No.4 to consider the complaint filed by the petitioner before the Karnataka Medical Council in Enquiry No.31/2016 contained in Annexure-B, in accordance with law.
3. On the other hand, learned counsel for the respondent No.4 submitted that the complaint filed by the petitioner shall be dealt with in accordance with law, if not already decided.
4. In view of the submissions made and in the facts of the case, the writ petition is disposed of with a direction that the competent authority shall decide the complaint filed by the petitioner, if not already decided, expeditiously in accordance with law by a speaking order within a period of six weeks from the date of receipt of certified copy of the order passed today.
5. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the petition is disposed of.
Sd/- JUDGE Mds/-