The Punjab and Haryana High Court has come down heavily on the Haryana government for initiating disciplinary proceedings against a doctor on COVID-19 duty merely because he did not stand up when an MLA entered the emergency ward. Calling the State’s conduct “insensitive” and “highly disturbing,” the court directed authorities to immediately issue a no-objection certificate (NOC) allowing the doctor to pursue a postgraduate medical course, and imposed ₹50,000 as costs.
A division bench of Justice Ashwani Kumar Mishra and Justice Rohit Kapoor passed the order on November 21 while hearing the petition filed by Dr Manoj, a casualty medical officer. According to the plea, during the peak of the pandemic the petitioner was working in the emergency ward of a government hospital when an MLA visited the facility and became offended that the doctor did not rise on his arrival. A show-cause notice proposing minor punishment under Rule 8 of the Haryana Civil Services (Punishment and Appeal) Rules, 2016 was later issued to the doctor.
The petitioner explained in his reply in June 2024 that he did not recognise the MLA, and the failure to stand was neither intentional nor meant to convey disrespect. However, no final order was passed and the pending proceedings were used to withhold the NOC required for post-graduation admission.
The bench expressed sharp disapproval of the government’s approach, observing:
“We are anguished and amazed at the action of the State in issuing the show-cause notice 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 court held that the State had completely disregarded the doctor’s explanation and emphasised that pursuing higher medical education involves “deep dedication and commitment.” Withholding the NOC due to a pending SCN on such a trivial accusation, the court said, was unjustified.
Underscoring the growing problem of harassment of medical professionals, the bench remarked:
“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.”
Calling the proceedings against the doctor “wholly unjust and manifestly arbitrary,” the court directed the Haryana government to issue the NOC immediately and ordered that ₹50,000 be deposited with the Poor Patient Welfare Fund at PGIMER, Chandigarh.
The writ petition was allowed.
