'Highly Disturbing': HC pulls up Haryana govt for action against doctor who didn't stand up during MLA visit, slaps Rs 50k cost
Punjab and Haryana High Court
Chandigarh: The Punjab and Haryana High Court recently slammed the Haryana State Government for initiating disciplinary action and withholding a No Objection Certificate (NOC) to a government doctor, merely because he failed to rise from his seat during the hospital visit of a Member of the Legislative Assembly (MLA) during the COVID-19 pandemic.
After clearing the Postgraduate entrance examination, the doctor needed the NOC to apply as an in-service candidate. While considering the plea, the HC bench directed the State to issue the NOC immediately.
Further, the bench termed the State's action as "insensitive" and "arbitrary" and imposed a cost of Rs 50,000 on the State.
At this outset, the HC bench comprising Justices Ashwani Kumar Mishra and Rohit Kapoor observed,
"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. In our view 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," it further observed.
The petitioner is a Casualty Medical Officer working with the Haryana Government and secured sufficient marks to obtain admission in a Postgraduate course. However, in order to apply as an in-service candidate, the petitioner requires a No Objection Certificate from his employer i.e., the State Government. The Government withheld this certificate based on the grounds that disciplinary proceedings are pending against the petitioner. Aggrieved by this, the petitioner approached the HC bench.
As per the case details, during the COVID-19 pandemic, the petitioner was on duty in the emergency ward of the Government Hospital. A Member of the Legislative Assembly (MLA) visited the hospital and was annoyed that the petitioner did not rise upon his arrival. Consequently, a Show Cause Notice was issued to the petitioner as the State proposed to impose a minor punishment under Rule 8 of the Haryana Civil Services (Punishment and Appeal) Rules, 2016. The petitioner submitted his reply in June 2024, stating that he did not recognise the MLA and that his failure to stand was unintentional and did not amount to discourtesy. However, no final order has been passed till date.
While considering the matter, the HC bench expressed its anguish and amazement at the action of the State in issuing Show Cause Notice to a Government Doctor, who was on emergency duty during the pandemic, only because he did not rise when the MLA arrived.
At this outset, the bench observed,
"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."
Opining that it would be unjust to deny an NOC to the petitioner, the bench observed,
"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 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."
In the order, the bench also directed the State to issue the NOC immediately and it also imposed a cost on the Government. "The respondent-State is, therefore, directed to issue the NOC to the petitioner forthwith... In view of the above, the present writ petition succeeds and is allowed, with costs quantified at 50,000/- to be ₹ deposited with Poor Patient Welfare Fund, PGIMER, Chandigarh by the respondent-State," mentioned the order.
To view the order, click on the link below:
https://medicaldialogues.in/pdf_upload/punjab-and-haryana-hc-doctor-mla-conflict-310104.pdf
