01.05.2025 Dr. Poonam oonam Chaudhary … v. Dr. Manjee Manjeet Singh, State Bacteriologist, Ha st, Haryana and another …
Case Details
COCP-1913-2025 (O & M) 1 IN THE HIGH COURT OF PUNJA IN T AT CHANDIGAR UNJAB AND HARYANA IGARH 103 COCP No.1913 of Date of decision : 913 of 2025 (O & M) sion :-01.05.2025 Dr. Poonam oonam Chaudhary …..Petitioner Versus Dr. Manjee Manjeet Singh, State Bacteriologist, Ha st, Haryana and another …..Respondents CORAM: AM:- HON'BLE MS. JUSTICE NIDH NIDHI GUPTA Present:-
Legal Reasoning
Mr. Manjeet Singh, Advocate for the petitioner. Mr. Karan Bhardwaj, Advocate f ocate for respondent No.1. Mr. Dushyant Saharan, AAG, Ha G, Haryana. NIDHI GU I GUPTA J. (Oral) Prayer in this petition is for is initiation of contempt proceedings edings and punishing respondent No.1 No.1-contemnor Dr. Manjeet Singh for commi ommitting willful and deliberate di te disobedience of order dated 07.4.2025 ( 025 (Annexure P-1) passed by a co-ord ordinate Bench of this Court in CWP-9834 9834-2025 titled as “Dr. Poonam Cha Chaudhary vs. State of Haryana and others”, thers”, which is pending for 04.8.2025; ; vide which order, operation of the impugn pugned transfer order dated 02.4.2025 .2025 issued against the petitioner were ordere ordered to be remain stayed till the next d next date of hearing. It is submitted by learned coun d counsel for the petitioner that in pursuance t ance to the order dated 7.4.2025, the pe the petitioner had gone to the Civil Hospital Ya ital Yamuna Nagar at 9 AM on 9.4.2025 .2025 to take charge on the post of Civil Surge Surgeon. However, upon her arrival, sh ival, she saw that respondent No.1 was occupy ccupying her chair of Civil Surgeon. It on. It is submitted that despite the VIJAY ASIJA 2025.05.05 18.05 I attest to the accuracy and integrity of this document COCP-1913-2025 (O & M) 2 fact that res respondent no.1 was well aware of t re of the order dated 7.4.2025; and despite the he fact that the petitioner repeatedly tedly asked him to vacate the chair he remained mained seated in the chair of Civil Su ivil Surgeon, Yamuna Nagar. It is contended t nded that, therefore, the respondent has has committed contempt of this Court as as he had refused to vacate the cha e chair of Civil Surgeon for the oner. petitioner. Ld. Counsel for the respondent ndent no.1 vehemently opposes the assertions m ions made on behalf of the petitioner and er and submits that in pursuance of order dated dated 07.4.2025 (Annexure P-1) the peti he petitioner has taken the charge as Civil Surgeo Surgeon, Yamuna Nagar on 09.4.2025 im 2025 immediately after receiving of certified co ied copy of the order dated 07.4.20 7.4.2025 (Annexure P-1) by the respondents ndents. As such no contempt is made ou out. Further, a copy of an order No.CSYNR SYNR/STENO/2025/1383-1384 dated dated 9.4.2025 passed by the petitioner in her capacity as Civil Surgeon Ya on Yamuna Nagar thereby warning the respond spondent no.2 of disciplinary action is h on is handed over in Court which is taken on rec on record. Learned counsel for responde spondent No.1 has also handed over a copy of th y of the e-mail dated 09.4.2025 sent by r nt by respondent No.1 to the higher authorities t rities to the effect that “…pursuant to th to the Court orders he is relieving the charge rge as Civil Surgeon, Yamuna Nagar gar”. The said copy of the e-mail is also taken taken on record. At this stage, learned counsel for sel for the petitioner admits that the petitioner h oner has indeed taken charge as Civil Civil Surgeon Yamuna Nagar on 9.4.2025 tains itself; however, still maintains that respondent no.1 had committed C itted Contempt of this Court by not per not permitting the petitioner to join duty by not not vacating the chair of Civil Surgeon urgeon upon her arrival. Heard. In view of the admitted position osition that the petitioner has taken charge as C e as Civil Surgeon Yamuna Nagar on 9.4 on 9.4.2025, it is clear that there is VIJAY ASIJA 2025.05.05 18.05 I attest to the accuracy and integrity of this document COCP-1913-2025 (O & M) 3 no violation olation of order dated 7.4.2025; and no no contempt is made out against the respond spondents. Yet, the petitioner has filed filed the present contempt petition; which is cle is clearly frivolous and misuse of the du the due process of law.
Decision
In view of the above said facts, facts, the present petition is hereby dismissed ssed with costs of Rs.20,000/- to be depo deposited by the petitioner within two weeks eeks from today in the “Poor Patients atients’ Welfare Fund of the Post Graduate I ate Institute of Medical Education ation and Research (PGIMER), Chandigarh digarh”. Receipt regarding deposition o ition of the said costs be submitted to this Cou s Court immediately within next three three days thereafter. In case of default of p lt of payment of the said costs by the pe the petitioner within the stipulated period, the d, the notice, alongwith copy of this o this order be sent to the Finance Department rtment/Accountant General/Health De h Department, Haryana with a direction to to ensure the deduction of the costs s costs so imposed from the salary of the petition etitioner for the present/coming month o onth of which salary is due to the petitioner (s oner (subject to the completion of the st the stipulated period of two weeks granted to t ed to the petitioner, as mentioned above above) and deposit the same in the “Poor Patie Patients’ Welfare Fund of the Post G Post Graduate Institute of Medical Education a ation and Research (PGIMER), Chandig handigarh” under intimation to this Court and c and copy of receipt regarding deposit o posit of the said costs be submitted to this Cour s Court within three weeks after the sti the stipulated period of two weeks granted to th ed to the petitioner. Rules stands discharged. Pending application(s), if any, sh any, shall stand disposed of. , 2025 May 01, 202 Vijay Asija ( NIDHI GUPTA ) JUDGE Whether spea Whether Repo r speaking/reasoned Yes / No r Reportable Yes / No VIJAY ASIJA 2025.05.05 18.05 I attest to the accuracy and integrity of this document