'Disturbing': High Court Slams Haryana Govt For Action Against Doctor Who Didn't Stand Up When MLA Visited Hospital, Imposes Cost

The Punjab & Haryana High Court has come down heavily on the Haryana Government for initiating disciplinary action and withholding No Objection Certificate (NOC) of a government doctor merely because he did not rise from his seat when a Member of the Legislative Assembly (MLA) visited the hospital during the COVID-19 pandemic. The Court directed the State to issue the NOC forthwith, terming the action “insensitive,” “arbitrary,” and reflective of "misplaced expectations" from frontline medical professionals. It also imposed a cost of Rs. 50,000 on the State.Justice Ashwani Kumar Mishra and Justice Rohit Kapoor said,"We are anguished and amazed at the action of the State in issuing the SCN to a Government Doctor who was on emergency duty during the COVID-19 period only because he did not rise when the MLA arrived. To expect a doctor to rise when an MLA enters the emergency ward of the hospital and to propose disciplinary action against him if he does not rise is highly disturbing. The petitioner's explanation that he did not recognize the MLA or that he did not do anything to inflict insult has been completely ignored."The Court opined that, "it is insensitive on the part of the State to proceed against the petitioner on such a charge. It would be equally arbitrary to deny him the right to pursue higher medical education by withholding the NOC only because SCN is pending against him."The petitioner, a Casualty Medical Officer serving in a government hospital, had secured enough marks for admission to a Post-Graduate medical programme and required an NOC to apply as an in-service candidate. The certificate was withheld on the ground that disciplinary proceedings were pending against him.During the peak of the COVID-19 crisis, the petitioner was on emergency duty when an MLA visited the ward. The MLA allegedly took offence that the doctor did not stand up on his arrival. The State thereafter issued a Show Cause Notice (SCN) under Rule 8 of the Haryana Civil Services (Punishment & Appeal) Rules, 2016, proposing a minor penalty.The petitioner replied in June 2024, explaining that he did not recognize the MLA and that his failure to rise was unintentional. However, no final order was passed, leaving the SCN pending and resulting in the denial of the NOC.The Bench expressed strong displeasure at the State's conduct, observing that disciplining a doctor—particularly one on emergency duty during COVID—because he did not rise before an MLA is “highly disturbing.”The Court remarked, "Pursuing medical education is a tough challenge. Students must perform exceptionally well even to secure admission in MBBS Course. It is well-known that medical courses require deep dedication and commitment over prolonged periods. After completing MBBS and joining Government service, a doctor is expected to provide medical facilities to the masses."Public representatives and others responsible must extend respect and basic courtesies to such dedicated professionals. With anguish, we note that frequent reports surface in newspapers of dedicated medical professionals being ill-treated by relatives of patients or public representatives without valid cause. Time has come when such undesirable incidents are checked and due recognition is extended to sincere medical professionals, it added.Observing that "It would be wholly unjust and manifestly arbitrary to allow adverse action against a Doctor merely because he did not rise upon the arrival of an MLA. Keeping such proceedings pending for years and denying the petitioner an NOC on such basis, therefore, cannot be sustained," the Court allowed the plea.Mr. Ankit Chahal, Advocate for the petitioner.Mr. Saurabh Mohunta, DAG, Haryana.Ms. Nihar Bala, Advocate and Ms. Sunanda Rani, Advocate for Mr. H. S. Gill, Advocate for respondents No.5 and 6.Title: DR MANOJ v. STATE OF HARYANA AND OTHERSClick here to read order

'Disturbing': High Court Slams Haryana Govt For Action Against Doctor Who Didn't Stand Up When MLA Visited Hospital, Imposes Cost

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