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2025 DAILYLAW 98875 (PNJ)

VIDYANAND v. STATE OF HARYANA AND OTHERS

LPA/2748/2025 · 2025-09-08

Rohit Kapoor, To Be Nominated

body2025

Judgment text

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134 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** LPA-2748-2025 Date of Decision: 08.09.2025 VIDYANAND ...APPELLANT Vs. STATE OF HARYANA AND OTHERS ...RESPONDENTS CORAM:- HON'BLE MR. JUSTICE ASHWANI KUMAR MISHRA HON’BLE MR. JUSTICE ROHIT KAPOOR Present:- Mr. Vikas Kumar Dhariwal, Advocate for the appellant. Mr. Puneet Gupta, Addl. AG, Haryana. **** ASHWANI KUMAR MISHRA, J. (ORAL) 1. The instant appeal has been filed on behalf of the appellant against the impugned judgment dated 25.08.2025 passed by the learned Single Judge writ petition being CWP-23527-2025. 2. Appellant has been transferred by the order impugned dated 04.07.2025 to District Bhiwani, Haryana. An observation is also made that the appellant shall attend the de-addiction treatment at Agroha Medical College. The order of transfer was challenged before the learned Single Judge on the ground that the direction issued in the transfer order of the appellant to undergo treatment at the De-addiction Centre is uncalled for. 3. Learned Single Judge has directed the appellant to be medically examined at the Government Medical College and Hospital, Sector-32, Chandigarh. Based upon the medical report of the appellant, it has been found that no trace of any drug was found in the Urine Test of the appellant. The same opinion was expressed by the Medical Board also. RAHUL JOSHI 2025.09.10 15:37 I attest to the accuracy and integrity of this document Punjab & Haryana High Court, CHD LPA-2748-2025 2 4. In such circumstances, the order of transfer has been modified by the learned Single Judge to the extent that the direction to send the appellant for de-addiction would be applicable only if there is any concurrent evidence of addiction on the part of the appellant. 5. According to the learned counsel for the appellant, this observation in the transfer order is stigmatic and causes prejudice to the appellant. 6. Learned State counsel submits that the observation in the transfer order had to be made in view of the specific complaints received against the appellant with regard to his alleged addiction. 7. Having heard the learned counsel for the respective parties, we find that in the medical opinion of the Hospital as well as the medical report, no traces of any addiction has been found against the appellant. In such circumstances, the observation contained in the order of transfer that the appellant be made to attend the de-addiction treatment cannot and shall not be construed as material adverse to the appellant while evaluating his service prospects. 8. In view of the aforesaid observations, the instant appeal stands disposed of. [ASHWANI KUMAR MISHRA] JUDGE [ROHIT KAPOOR] JUDGE SEPTEMBER 08th, 2025 Rahul Joshi 1. Whether Speaking/reasoned Yes/No 2. Whether Reportable Yes/No RAHUL JOSHI 2025.09.10 15:37 I attest to the accuracy and integrity of this document Punjab & Haryana High Court, CHD