Highly Disturbing: High Court Pulls Up Haryana Govt For Taking Action Against Doctor For Not Standing Up During Visit By MLA

The Punjab & Haryana High Court has pulled up the Haryana Government for initiating disciplinary action and withholding the 'No Objection Certificate' of a government doctor who didn't stand up to greet the MLA during a visit, calling it "highly disturbing".

The Court was considering a Writ Petition filed by the doctor against the withholding of the ‘No Objection Certificate’ by the State on grounds of pending disciplinary proceedings.

The Division Bench of Justice Ashwani Kumar Mishra and Justice 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."

The Petitioner was represented by Advocate Ankit Chahal, while the Respondent was represented by Advocate Nihar Bala.

It had transpired that during the COVID-19 pandemic, the Petitioner was on duty in the emergency ward of the Government Hospital. A Member of the Legislative Assembly visited the hospital and was annoyed that the Petitioner did not rise upon his arrival. A Show Cause Notice was issued to the Doctor as the State proposed to impose a minor punishment under Rule 8 of the Haryana Civil Services (Punishment and Appeal) Rules, 2016.

The Doctor submitted his reply in June 2024, stating that he did not recognize the MLA and that his failure to stand was unintentional and did not amount to discourtesy. However, no final order was passed.

The Court sympathised with the medical practitioners and acknowledged the tough challenges they face.

It expressed amazement and anguish while noting 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", the Court observed.

Cause Title: Dr. Manoj v. State of Haryana And Others (2025:PHHC:163285-DB)

Appearances:

Petitioner- Advocate Ankit Chahal

Respondent- Advocates Nihar Bala, Sunanda Rani and H. S. Gill

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