The Punjab and Haryana high court has slammed the Haryana government for action against a doctor for not standing up on the arrival of an MLA in the emergency ward, calling the state’s behaviour “insensitive” and “highly disturbing”.
A bench of Justices Ashwani Kumar Mishra and Rohit Kapoor said “undesirable incidents” of dedicated medical professionals being ill-treated should be checked, and directed the Haryana authorities to issue a no-objection certificate (NOC) required by the petitioner doctor for pursuing a postgraduate medical course and also cough up ₹50,000 as costs on the State.
The petitioner, Dr. Manoj, was a casualty medical officer working with the Haryana government during the COVID-19 pandemic, when he was rapped for not standing up on the arrival of an MLA whilst he was on duty in the emergency ward of a government hospital.
In his plea, Dr. Manoj said he was issued a show-cause notice (SCN) as the State proposed to impose a minor punishment under Rule 8 of the Haryana Civil Services (Punishment and Appeal) Rules, 2016.
In his reply in June 2024, the petitioner said that he did not recognise the MLA and that his failure to stand was unintentional and did not amount to discourtesy.
Yet, no final order has been passed till date, according to the petitioner.
“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,” read the November 21 order.
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“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 recognise the MLA or that he did not do anything to inflict insult has been completely ignored,” it further stated.
“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 court said.
Highlighting the challenging medical education that doctors pursue before being able to practice, the court said students must perform exceptionally well even to secure admission in an 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,” it said.
Feeling “anguished” over frequent reports surface in newspapers of dedicated medical professionals being ill-treated by relatives of patients or public representatives without valid cause, the court said the time has come when such undesirable incidents are checked and due recognition is extended to sincere medical professionals.
Saying 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, the court said keeping such proceedings pending for years and denying the petitioner an NOC on such a basis, therefore, cannot be sustained.
“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,” the order said.
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