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High Court of Punjab and Haryana · body

1932 DAILYLAW 1 (PNJ)

PRIYANKA BANSAL v. K.A.P SINHA , IAS AND OTHERS

COCP/1932/2026 · 2026-07-23

Harpreet Kaur Jeewan

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Judgment text

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COCP COCP COCP COCP----1932 1932 1932 1932 106 106 106 106 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA PRIYANKA BANSAL PRIYANKA BANSAL PRIYANKA BANSAL PRIYANKA BANSAL KAP SINH KAP SINH KAP SINH KAP SINH CORAM: HON’BLE MS. JUSTICE HARPREET KAUR JEEWAN CORAM: HON’BLE MS. JUSTICE HARPREET KAUR JEEWAN CORAM: HON’BLE MS. JUSTICE HARPREET KAUR JEEWAN CORAM: HON’BLE MS. JUSTICE HARPREET KAUR JEEWAN Present: HARPREET KAUR JEEWAN, J. (Oral) HARPREET KAUR JEEWAN, J. (Oral) HARPREET KAUR JEEWAN, J. (Oral) HARPREET KAUR JEEWAN, J. (Oral) 1. Sections 11 & Act’), against the respondent for willful disobedience of the directions issued by 22.07.2025 2. 3. vide order dated 22.07.2025 : 1932 1932 1932 1932----2026 2026 2026 2026 (O&M) (O&M) (O&M) (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH PRIYANKA BANSAL PRIYANKA BANSAL PRIYANKA BANSAL PRIYANKA BANSAL Versus KAP SINH KAP SINH KAP SINH KAP SINHAAAA AND OTHERS AND OTHERS AND OTHERS AND OTHERS CORAM: HON’BLE MS. JUSTICE HARPREET KAUR JEEWAN CORAM: HON’BLE MS. JUSTICE HARPREET KAUR JEEWAN CORAM: HON’BLE MS. JUSTICE HARPREET KAUR JEEWAN CORAM: HON’BLE MS. JUSTICE HARPREET KAUR JEEWAN Mr. Vivek Sharma, Advocate, for the petitioner. Mr. Balwinder Singh, AAG, Punjab. HARPREET KAUR JEEWAN, J. (Oral) HARPREET KAUR JEEWAN, J. (Oral) HARPREET KAUR JEEWAN, J. (Oral) HARPREET KAUR JEEWAN, J. (Oral) Prayer in the petition is for initiation of proceeding s 11 & 12 of the Contempt of Courts Act, 1971 , against the respondent for willful disobedience of the directions issued by the Writ Court in CWP-13832 22.07.2025 (Annexure P-1). I have heard learned counsel for the parties. The following directions were issued by the Writ Court vide order dated 22.07.2025 :- “3. Learned State counsel, on instructions from Mr. Rajesh Prashar, Sr. Asstt., Social Security and Mr. Gaurav Dhiman, Sr. Asstt., DHS, Punjab, who are present in Court, submits that the petitioner shall now be examined by the Board of Eye Specialists of the Govt. Medical College, Patiala, uninfluenced by the issued by the PGIMER, Chandigarh, in terms of Clause 19.2 of the Instructions issued by the Government of India, as these have not IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH COCP COCP COCP COCP----1932 1932 1932 1932----2026 2026 2026 2026 (O&M) (O&M) (O&M) (O&M) Date of decision: Date of decision: Date of decision: Date of decision: 23 23 23 23.07.2026 .07.2026 .07.2026 .07.2026 ...PETITIONER ...RESPONDENTS CORAM: HON’BLE MS. JUSTICE HARPREET KAUR JEEWAN CORAM: HON’BLE MS. JUSTICE HARPREET KAUR JEEWAN CORAM: HON’BLE MS. JUSTICE HARPREET KAUR JEEWAN CORAM: HON’BLE MS. JUSTICE HARPREET KAUR JEEWAN , Advocate, Mr. Balwinder Singh, AAG, Punjab. Prayer in the petition is for initiation of proceedings under 12 of the Contempt of Courts Act, 1971 (for short, ‘the , against the respondent for willful disobedience of the directions 13832-2024, vide order dated learned counsel for the parties. The following directions were issued by the Writ Court Learned State counsel, on instructions from Mr. Rajesh Prashar, Sr. Asstt., Social Security and Mr. Gaurav Dhiman, Sr. Asstt., DHS, Punjab, who are present in Court, submits that the petitioner shall now be examined by the Board of Eye Specialists of ovt. Medical College, Patiala, uninfluenced by the certificate issued by the PGIMER, Chandigarh, in terms of Clause 19.2 of the Instructions issued by the Government of India, as these have not ATUL SETHI 2026.07.24 16:56 I attest to the accuracy and authenticity of this document Chandigarh COCP COCP COCP COCP----1932 1932 1932 1932 4. Department of Personnel wr Department of Social Security be allowed to join on the basis of Disability Certifi Department of the petitioner that the matter has been discussed with the Department as well as with the PGIMER, Chandigarh and the petitioner has been advised to go through the Potential All India Instituted of Medical Sciences (A Accordingly, t dated 25.08.2022 of the AIIMS is annexed as Annexure P 4.1 as per order in question dated 22.07.2025, there was a specific direction that Eye Specialist uninfluenced by the previously issued certificate by the PGIMER, Chandigarh Government of India, been supplied with a copy of the said report duties. 4.2 respondents, while referr 1932 1932 1932 1932----2026 2026 2026 2026 (O&M) (O&M) (O&M) (O&M) -2- been adopted by the State of Punjab. In case, her disability to be in consonance with the Rights of Persons with Disabilities Rules, 2017, she will be allowed to join within a period of 4 weeks. 4. The aforesaid satisfies learned counsel for the petitioner. 5. Disposed of accordingly.” Learned counsel for the petitioner Department of Personnel wrote a letter dated Department of Social Security, asking them whether the petitioner can be allowed to join on the basis of Disability Certifi Department of Personnel, through a letter dated 18.08.2022 the petitioner that the matter has been discussed with the Department as well as with the PGIMER, Chandigarh and the petitioner has been advised to go through the Potential Acuity Meter (PAM) T ll India Instituted of Medical Sciences (A Accordingly, the petitioner underwent that dated 25.08.2022 of the AIIMS is annexed as Annexure P Thereafter, the petitioner approached the Writ Cour s per order in question dated 22.07.2025, there was a specific direction that Eye Specialists from the Government Medical College, Patiala, uninfluenced by the previously issued certificate by the PGIMER, Chandigarh, in terms of Clause 19.2 of the I Government of India, shall examine the petitioner been supplied with a copy of the said report Per contra, learned State counsel representing the respondents, while referring to the reply filed on behalf of the been adopted by the State of Punjab. In case, her disability is found to be in consonance with the Rights of Persons with Disabilities Rules, 2017, she will be allowed to join within a period of 4 weeks. The aforesaid satisfies learned counsel for the petitioner. for the petitioner contends that the te a letter dated 06.05.2022 to the asking them whether the petitioner can be allowed to join on the basis of Disability Certificate, however, the through a letter dated 18.08.2022, informed the petitioner that the matter has been discussed with the Department as well as with the PGIMER, Chandigarh and the petitioner has been Acuity Meter (PAM) Test from the ll India Instituted of Medical Sciences (AIIMS), New Delhi. he petitioner underwent that aforesaid test and the report dated 25.08.2022 of the AIIMS is annexed as Annexure P-7. Thereafter, the petitioner approached the Writ Court and s per order in question dated 22.07.2025, there was a specific direction Government Medical College, Patiala, uninfluenced by the previously issued certificate by the PGIMER, in terms of Clause 19.2 of the Instructions issued by the examine the petitioner, but she has neither been supplied with a copy of the said report, nor allowed to join her , learned State counsel representing the ing to the reply filed on behalf of the ATUL SETHI 2026.07.24 16:56 I attest to the accuracy and authenticity of this document Chandigarh COCP COCP COCP COCP----1932 1932 1932 1932 respondents of Doctors Patiala, on 03.07.2026 and a copy of the report issued by the Board of Doctors is submitted in the Court today, which is taken on record. 5. visual disability The relevant portio “Patient eye OPD of Rajindra Hospital, Patiala vide OPD Slip No 20250251950 dated 03.07.26. The findings of the examination are: 1. 2. 3. 4. 6. Doctors at G undertaking given on behalf of the respondents before the Writ Court, there is no question of initiation of proceedings under Sections 11 & 12 of the Act. 1932 1932 1932 1932----2026 2026 2026 2026 (O&M) (O&M) (O&M) (O&M) -3- respondents, submits that the petitioner has been examined by a Board of Doctors at the Government Medical College and Rajindra Hospital, Patiala, on 03.07.2026 and a copy of the report issued by the Board of is submitted in the Court today, which is taken on record. As per the aforesaid report, the present percentage of visual disability of the petitioner is 60% and is temporary in nature. The relevant portion of the report reads as under: “Patient Priyanka Bansal 35 years female D/o Ved Parkash is examined as eye OPD of Rajindra Hospital, Patiala vide OPD Slip No 20250251950 dated 03.07.26. The findings of the examination are: 1. Visual Acuity: Right eye – FC ½ meter not improving with glasses Left eye – 6/24 no improving with glasses. 2. Slit Lamp Examination: Right eye – Pseudophakia Left eye – Anterior Polar Cataract 3. Fundus Examination: With normal limits both eyes. 4. OCT: Within normal limits both eyes. She needs further evaluation at higher centre to diminished vision of right eye. Based on above findings, presently percentage of visual disability is 60% (Sixty Percent) as per latest visual disability guidelines; it is TEMPORARY in nature as vision in left eye may improve after cataract surgery of left eye.” Since the petitioner has been examined by the Board of Doctors at Government Medical College, undertaking given on behalf of the respondents before the Writ Court, there is no question of initiation of proceedings under Sections 11 & 12 of the Act. submits that the petitioner has been examined by a Board Government Medical College and Rajindra Hospital, Patiala, on 03.07.2026 and a copy of the report issued by the Board of is submitted in the Court today, which is taken on record. As per the aforesaid report, the present percentage of is 60% and is temporary in nature. of the report reads as under:- Priyanka Bansal 35 years female D/o Ved Parkash is examined as eye OPD of Rajindra Hospital, Patiala vide OPD Slip No 20250251950 dated 03.07.26. The findings of the examination are:- FC ½ meter not improving with glasses 6/24 no improving with glasses. Anterior Polar Cataract Fundus Examination: With normal limits both eyes. OCT: Within normal limits both eyes. She needs further evaluation at higher centre to rule out cause of Based on above findings, presently percentage of visual disability is 60% (Sixty Percent) as per latest visual disability guidelines; it is TEMPORARY in nature as vision in left eye may improve after Since the petitioner has been examined by the Board of ollege, Patiala, in terms of the undertaking given on behalf of the respondents before the Writ Court, there is no question of initiation of proceedings under Sections 11 & 12 ATUL SETHI 2026.07.24 16:56 I attest to the accuracy and authenticity of this document Chandigarh COCP COCP COCP COCP----1932 1932 1932 1932 7. petition and as avail alternate legal remedy by way of challenging the report dated 03.07.2026 of the Board of Doctors, GMC & Rajindra Hospital, Patiala, if so advised. 8. disposed of. 23 23 23 23.07.2026 .07.2026 .07.2026 .07.2026 atulsethi Whether speaking / reasoned : Whether Reportable : 1932 1932 1932 1932----2026 2026 2026 2026 (O&M) (O&M) (O&M) (O&M) -4- In view of the above, nothing survives in the present petition and as such, same is disposed of with liberty to the petitioner to avail alternate legal remedy by way of challenging the report dated 03.07.2026 of the Board of Doctors, GMC & Rajindra Hospital, Patiala, if so advised. Pending miscellaneous applications, i disposed of. .07.2026 .07.2026 .07.2026 .07.2026 [HARPREET KAUR JEEWAN] [HARPREET KAUR JEEWAN] [HARPREET KAUR JEEWAN] [HARPREET KAUR JEEWAN] Whether speaking / reasoned : Whether Reportable : In view of the above, nothing survives in the present such, same is disposed of with liberty to the petitioner to avail alternate legal remedy by way of challenging the report dated 03.07.2026 of the Board of Doctors, GMC & Rajindra Hospital, Pending miscellaneous applications, if any, shall stand [HARPREET KAUR JEEWAN] [HARPREET KAUR JEEWAN] [HARPREET KAUR JEEWAN] [HARPREET KAUR JEEWAN] JUDGE JUDGE JUDGE JUDGE Yes No Yes No ATUL SETHI 2026.07.24 16:56 I attest to the accuracy and authenticity of this document Chandigarh