IN THE HIGH COURT OF PUNJAB AND HARYANA 103 Dr. Poonam Chaudhary Dr. Manjeet Singh, State Bacteriologist, Haryana and another CORAM: Present:- NIDHI GUPTA J. (Oral) proceedings and punishing respondent for committing willful and deliberate disobedience of order dated 07.4.2025 (Annexure P CWP-9834 and others”, which is pending for 04.8.2025 the impugned transfer order dated 02.4.2025 were ordered to be remain pursuance to Hospital Yamuna Nagar Civil Surgeon. was occupying COCP-1913-2025 (O & M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP No.1913 of 2025 (O & M) Date of decision : Dr. Poonam Chaudhary Versus Dr. Manjeet Singh, State Bacteriologist, Haryana and another CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Manjeet Singh, Advocate for the petitioner. Mr. Karan Bhardwaj, Advocate for respondent No.1. Mr. Dushyant Saharan, AAG, Haryana. NIDHI GUPTA J. (Oral) Prayer in this petition is for initiation of contempt proceedings and punishing respondent No.1 for committing willful and deliberate disobedience of order dated 07.4.2025 (Annexure P-1) passed by a co-ordinate Bench of this Court in 9834-2025 titled as “Dr. Poonam Chaudhary vs. State of Haryana and others”, which is pending for 04.8.2025; the impugned transfer order dated 02.4.2025 were ordered to be remain stayed till the next date of hearing. It is submitted by learned counsel for the petitioner that pursuance to the order dated 7.4.2025, the petitioner had gone Hospital Yamuna Nagar at 9 AM on 9.4.2025 Civil Surgeon. However, upon her arrival, she saw that was occupying her chair of Civil Surgeon. It is submitted that despite the 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP No.1913 of 2025 (O & M) Date of decision :-01.05.2025 …..Petitioner Dr. Manjeet Singh, State Bacteriologist, Haryana and another …..Respondents HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Karan Bhardwaj, Advocate for respondent No.1. AAG, Haryana. Prayer in this petition is for initiation of contempt No.1-contemnor Dr. Manjeet Singh for committing willful and deliberate disobedience of order dated ordinate Bench of this Court in 2025 titled as “Dr. Poonam Chaudhary vs. State of Haryana ; vide which order, operation of the impugned transfer order dated 02.4.2025 issued against the petitioner stayed till the next date of hearing. It is submitted by learned counsel for the petitioner that in order dated 7.4.2025, the petitioner had gone to the Civil at 9 AM on 9.4.2025 to take charge on the post of upon her arrival, she saw that respondent No.1 of Civil Surgeon. It is submitted that despite the VIJAY ASIJA 2025.05.05 18.05 I attest to the accuracy and integrity of this document fact that respondent no.1 was well aware of the order dated 7.4.2025; and despite the fact that he remained seated in the chair of Civil Surgeon, Yamuna Nagar. contended that, therefore Court as petitioner. assertions made on behalf of the petitioner and submits that order dated 07.4.2025 (Annexure P Civil Surgeon, Yamuna Nagar on 09.4.2025 immediately after certified copy of the order dated 07.4.2025 (Annexure P respondents. As such no contempt is made No.CSYNR petitioner the respondent no.2 of disciplinary action is handed over in Court which is taken on record. a copy of the e authorities to the eff the charge as Civil Surgeon, Yamuna Nagar is also taken on record. petitioner has indeed taken charge 9.4.2025 committed Contempt of this Court by not permitting the petitioner to join duty by not vacating charge as Civil Surgeon COCP-1913-2025 (O & M) respondent no.1 was well aware of the order dated 7.4.2025; and he fact that the petitioner repeatedly asked him to vacate the chair he remained seated in the chair of Civil Surgeon, Yamuna Nagar. contended that, therefore, the respondent has committed contempt of this Court as he had refused to vacate the chair petitioner. Ld. Counsel for the respondent assertions made on behalf of the petitioner and submits that order dated 07.4.2025 (Annexure P-1) the petitioner has taken the charge as Civil Surgeon, Yamuna Nagar on 09.4.2025 immediately after certified copy of the order dated 07.4.2025 (Annexure P respondents. As such no contempt is made out. o.CSYNR/STENO/2025/1383-1384 dated 9.4.2025 passed by the in her capacity as Civil Surgeon Yamuna Nagar thereby the respondent no.2 of disciplinary action is handed over in Court which is taken on record. Learned counsel for respondent No.1 has also handed over a copy of the e-mail dated 09.4.2025 sent by respondent No.1 to the higher authorities to the effect that “…pursuant to the Court orders he is relieving the charge as Civil Surgeon, Yamuna Nagar is also taken on record. At this stage, learned counsel for the petitioner admits that the petitioner has indeed taken charge as Civil itself; however, still maintains that respondent no.1 had committed Contempt of this Court by not permitting the petitioner to join not vacating the chair of Civil Surgeon upon her arrival Heard. In view of the admitted position charge as Civil Surgeon Yamuna Nagar on 9.4.2025, 2 respondent no.1 was well aware of the order dated 7.4.2025; and the petitioner repeatedly asked him to vacate the chair he remained seated in the chair of Civil Surgeon, Yamuna Nagar. It is has committed contempt of this had refused to vacate the chair of Civil Surgeon for the Ld. Counsel for the respondent no.1 vehemently opposes the assertions made on behalf of the petitioner and submits that in pursuance of 1) the petitioner has taken the charge as Civil Surgeon, Yamuna Nagar on 09.4.2025 immediately after receiving of certified copy of the order dated 07.4.2025 (Annexure P-1) by the out. Further, a copy of an order dated 9.4.2025 passed by the in her capacity as Civil Surgeon Yamuna Nagar thereby warning the respondent no.2 of disciplinary action is handed over in Court which is Learned counsel for respondent No.1 has also handed over mail dated 09.4.2025 sent by respondent No.1 to the higher pursuant to the Court orders he is relieving the charge as Civil Surgeon, Yamuna Nagar”. The said copy of the e-mail At this stage, learned counsel for the petitioner admits that the Civil Surgeon Yamuna Nagar on ; however, still maintains that respondent no.1 had committed Contempt of this Court by not permitting the petitioner to join Civil Surgeon upon her arrival. position that the petitioner has taken 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 no violation the respondents. which is clearly frivolous and misuse of the due process of law dismissed two weeks from Graduate Institute of Medical Education and Research (PGIMER), Chandigarh”. Receipt regarding deposition of the said costs be submitted to this Court immediately within next three days default of payment of the said costs by the petitioner within the stipulated period, the Department/Accountant General/Health Department, Haryana direction to ensure the deduction o the petitioner for the petitioner (subject to the completion of the stipulated period of two weeks granted to the petitioner, as mentioned above) and deposit the s “Poor Patients’ Welfare Fund of the Post Graduate Institute of Medical Education and Research (PGIMER), Chandigarh” under intimation to this Court and copy of receipt to this Court granted to the petitioner. May 01, 202 Vijay Asija Whether speaking/reasoned Yes / No Whether Reportable Yes / No COCP-1913-2025 (O & M) violation of order dated 7.4.2025; and no contempt the respondents. Yet, the petitioner has filed which is clearly frivolous and misuse of the due process of law In view of the above said facts, the present petition is hereby dismissed with costs of Rs.20,000/- to be deposited by the petitioner within two weeks from today in the “Poor Patients’ Welfare Fund of the Post Graduate Institute of Medical Education and Research (PGIMER), Chandigarh”. Receipt regarding deposition of the said costs be submitted to this Court immediately within next three days default of payment of the said costs by the petitioner within the stipulated period, the notice, alongwith copy of this order be sent to the Finance Department/Accountant General/Health Department, Haryana to ensure the deduction of the costs so imposed from the salary of the petitioner for the present/coming month of which salary is due to the petitioner (subject to the completion of the stipulated period of two weeks granted to the petitioner, as mentioned above) and deposit the s “Poor Patients’ Welfare Fund of the Post Graduate Institute of Medical Education and Research (PGIMER), Chandigarh” under intimation to this Court and copy of receipt regarding deposit of to this Court within three weeks after the stipulated period of two weeks granted to the petitioner. Rules stands discharged. Pending application(s), if any, shall stand disposed of. , 2025 Whether speaking/reasoned Yes / No Whether Reportable Yes / No 3 no contempt is made out against Yet, the petitioner has filed the present contempt petition; which is clearly frivolous and misuse of the due process of law. In view of the above said facts, the present petition is hereby deposited by the petitioner within today in the “Poor Patients’ Welfare Fund of the Post Graduate Institute of Medical Education and Research (PGIMER), Chandigarh”. Receipt regarding deposition of the said costs be submitted to this Court immediately within next three days thereafter. In case of default of payment of the said costs by the petitioner within the stipulated notice, alongwith copy of this order be sent to the Finance Department/Accountant General/Health Department, Haryana with a f the costs so imposed from the salary of coming month of which salary is due to the petitioner (subject to the completion of the stipulated period of two weeks granted to the petitioner, as mentioned above) and deposit the same in the “Poor Patients’ Welfare Fund of the Post Graduate Institute of Medical Education and Research (PGIMER), Chandigarh” under intimation to this regarding deposit of the said costs be submitted eks after the stipulated period of two weeks Pending application(s), if any, shall stand disposed of. ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2025.05.05 18.05 I attest to the accuracy and integrity of this document