The Calcutta High Court on May 25, granted liberty to a petitioner to approach the West Bengal Clinical Establishments Regulatory Commission for an appropriate application under Sections 20 and 45 of the West Bengal Clinical Establishments (Registration, Regulation and Transparency) Act, 2017 to resolved her grievances.
The petitioner has two-fold grievances that her cashless medical treatment benefit under tie-up between his ex-employer, the Damodar Valley Corporation and the Ruby General Hospital has not been honoured.
The petitioner approached the West Bengal Clinical Establishments Regulatory Commission and obtained an order dated January 18, 2021. By the said order, the Commission directed the Ruby General Hospital to reimburse all sums paid being the differential amounts between two bills. The hospital was also directed to render assistance to the complainant in seeking appropriate reimbursement from his ex-employer, the Damodar Valley Corporation.
The petitioner submitted before the Court that she had applied before the Commission for execution of the said order but there was no reply by the Commission in this regard. No formal application for execution has been produced.
A Single-Judge Bench of Justice Rajasekhar Mantha noted that in terms of Sections 20 and 45 of the West Bengal Clinical Establishments (Registration, Regulation and Transparency) Act, 2017, the Petitioner is required to approach the Commission with an appropriate application for execution of the order dated 18.1.2021.
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A writ Court under Article 226 of the Constitution of India cannot be called upon to execute orders passed by a Statutory Regulatory Commission, the Court observed.
Therefore the Court ordered that “In those circumstances, granting liberty to the Petitioner to approach the Commission for an appropriate application under Sections 20 and 45 of the aforesaid Act, the writ petition shall stand dismissed.”