Dr. Haridutt Nemi vs Sri Parth Sarthi Sen Sharma, Prin. Secy. Deptt. of Medical, Health and Family Welfare Lko. and Ors.

Court No. - 17

Case :- CONTEMPT APPLICATION (CIVIL) No. - 2180 of 2025

Applicant :- Dr. Haridutt Nemi Opposite Party :- Sri Parth Sarthi Sen Sharma, Prin. Secy. Deptt. Of Medical, Health And Family Welfare Lko. And Ors. Counsel for Applicant :- Lalta Prasad Misra,Prafulla Tiwari Counsel for Opposite Party :- Shailendra Kumar Singh

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Hon'ble Rajeev Singh,J.

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1. Heard Dr. L.P. Misra, learned counsel for the applicant and Sri Anuj Kudesia, learned Additional Advocate General assisted by Sri Nishant Shukla, learned Standing Counsel.

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2. On 17.07.2025, following order was passed:-

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"1. Heard.

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2. The present contempt application has been filed with the prayer to punish the opposite parties for committing contempt of this Court for willfully and deliberately flouting and disobeying the terms of the order dated 7.7.2025 passed by this Court in Writ A No.7173 of 2025 "Dr. Haridutt Nemi Vs. Sate of U.P. & Ors.'.

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3. Learned counsel for the applicant submits that a show cause notice was issued on 16.5.2025 making some allegations, thereafter, reply was given by the applicant on 27.5.2025. He further submits that two Members of Legislative Assembly, namely, Mr. Mahesh Trivedi & Mr. Abhijeet Singh Sanga made a complaint against the applicant to the Hon'ble Chief Minister on 6.6.2025 & 16.6.2025 making certain allegations, those were already made in the show cause notice and reply was given by the applicant but without taking decision on the reply of the applicant, he was placed under suspension on 19.6.2025 by Ms. Ritu Maheshwari, Secretary, Department of Medical Health, Govt. of U.P., Lucknow on 19.6.2025 at 12:43:01 P.M. He further submits that prior to the signing of the suspension order, posting order of Dr. Uday Nath was passed by the aforesaid officer on 19.6.2025 at 12:41:58 P.M. He next submitted that aforesaid suspension order as well as posting order of the respondent no.6 were challenged before the writ court in Writ A No.7173 of 2025 considering the provisions of U.P. Government Servants (Discipline and Appeal) Rules, 1999, in which, posting order of the respondent no.6 as well as suspension order of the applicant was kept in abeyance vide order dated 7.7.2025.

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4. The order dated 7.7.2025 passed in Writ A No.7173 of 2025 reads as under :-

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1. Heard learned counsel for petitioner and learned State Counsel for opposite parties 1 and 2.

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2. Issue notice to opposite party No.3.

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3. Petition has been filed challenging order dated 19th June, 2025 whereby petitioner has been suspended from service on the post of Chief Medical Officer, Kanpur Nagar while by means of another order passed on the same date, the opposite party No.3 has been posted in place of petitioner.

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4. It has been submitted that a bare perusal of the impugned suspension order will make it evident that petitioner's suspension has been resorted to without any initiation of inquiry proceedings or even in contemplation thereof. It is submitted that even otherwise the allegations as levelled in the impugned order, ex facie would not result in any major penalty and therefore suspension could not have been resorted to in terms of U.P. Government Servants (Discipline and Appeal) Rules 1999.

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5. It is submitted that prior to passing of impugned order, petitioner was issued a show cause notice dated 16th May, 2025 pertaining to the same allegations which also clearly indicates the fact that only proceedings pertaining to imposition of minor penalty was under contemplation. The aforesaid notice was replied to by petitioner vide letter dated 27th May, 2025 but the impugned order has been passed without considering the same. Learned counsel has also alleged malice of fact since the opposite party No.3 has been posted in place of petitioner prior to passing suspension order.

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6. Prima facie submissions advanced by learned counsel for petitioner have force and require consideration for which opposite parties are granted four weeks time to file counter affidavit.

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7. List this case on 18th August, 2025 alongwith service report.

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8. Until further orders of this court, the operation of impugned orders dated 19th June, 2025 (Annexure No.1 and 2) shall remain stayed.

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5. Learned counsel for the applicant submits that aforesaid order passed by the writ court was communicated to Mr. Parth Sarthi Sen Sharma, Principal Secretary, Department of Medical, Health And Family Welfare, Lucknow and Mr. Jitendra Pratap Singh, District Magistrate, Kanpur Nagar on 9.7.2025 at 10:41 A.M. and he was continued to work as Chief Medical Officer, Kanpur Nagar but some officers, namely, Mr. Ritu Priya Singh - Additional City Magistrate, Chakeri, Kanpur Nagar, Mr. Ashutosh Singh - Assistant Commissioner of Police, Collectorganj, Kanpur Nagar and Mr. Santosh Shukla - S.H.O., Chakeri, Kanpur Nagar came to the office of the applicant on 9.7.2025 at 10:20 A.M. and requested the applicant not to sit in the Office, then order passed by the writ court was placed before them, then they went back, thereafter, Mr. Rajesh Kumar A.D.M. (City), Kanpur Nagar, Mr. Abhishek Pandey, Additional Commissioner of Police, Chakeri, Kanpur Nagar and Mr. Santosh Shukla, Station House Officer, Chakeri, Kanpur came to the office of the applicant on 10.7.2025 at 4:10 P.M. and the order of the writ court was placed before them but forcibly he was ousted. Learned counsel for the applicant also drew attention of the court on the photographs annexed as Annexure No.7 in relation to the police action and the aforesaid officers facilitated the respondent no.6 for resuming the duties in the Office of Chief Medical Officer, Kanpur Nagar in utter disobedience

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of the directions of the writ court, therefore, respondents may be summoned and punished accordingly.

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6. Sri Shailendra Singh, learned Chief Standing Counsel appearing for the respondents placed order dated 16.7.2025 and submits that in compliance of the order dated 7.7.2025 passed by the writ court, order dated 19.6.2025 has been kept in abeyance and applicant is allowed to resume the duties as Chief Medical Officer, Kanpur Nagar.

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7. As it is evident from the record that order was passed by the writ court on 7.7.2025 after hearing the State counsel and notice was issued to the respondent no.6, Dr. Uday Nath, who was posted as Chief Medical Officer, Kanpur Nagar but before taking cognizance in the case, this Court is of the view that respondent shall file reply to the facts mentioned above as well as contents of the contempt application.

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8. List this case on 28.7.2025 at 11:30 A.M.

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9. By the next date of listing, reply be filed by the respondents.

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10. On the next date, relevant record in relation to the order challenged before the writ court as well as order dated 16.7.2025 and G.D. entry of Police Station Chakeri, Kanpur Nagar dated 9.7.2025 & 10.7.2025 be also placed before this Court.

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11. Registry is directed to show the name of Sri Shailendra Singh, Chief Standing Counsel as counsel for the respondents in the cause list."

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3. In pursuance of aforesaid order, Mr. Anil Kumar Singh, Special Secretary, Department of Medical Health, Govt. of U.P., Lucknow is present along with relevant record. Mr. Aneesh Kumar Singh, Sub Inspector, Police Station- Chakeri, Kanpur Nagar is also present along with copies of G.D. Nos.60 & 70 dated 10.07.2025 prepared at 16:22 hours and 19:09 hours respectively.

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Copies of G.D. Nos. 60 and 70 dated 10.07.2025 placed before this Court are taken on record.

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4. Sri Anuj Kudesia, learned Additional Advocate General has filed applications for dismissal of the contempt proceeding duly sworn by the respondents, namely, Mr. Parth Sarthi Sen Sharma, Principal Secretary, Department of Medical, Health and Family Welfare, U.P., Civil Secretariat, Lucknow, Mr. Jitendra Pratap Singh, District Magistrate, Kanpur Nagar, Mr. Rajesh Kumar, Additional District Magistrate (City), Kanpur Nagar, Mr. Abhishek Kumar Pandey, Assistant Commissioner of Police, Chakeri, Kanpur Nagar and Mr. Santosh Shukla, Station House Officer, Police Station- Chakeri, Kanpur Nagar.

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Sri Kudesia submits that the order of the writ Court is already complied with by passing a formal order on 16.07.2025 and the petitioner-applicant has resumed his duty as Chief Medical Officer,

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Kanpur Nagar, hence, present contempt application is liable to be dismissed.

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5. Dr. L.P. Misra, learned counsel for the applicant submits that the order was passed by the writ Court on 07.07.2025 in open Court and it was obligatory on the part of the State Counsel to communicate the same to the State Government as well as other officials for necessary compliance. But, in place of making compliance of directions of the writ Court, respondent no.1 passed an order on 09.07.2025.

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It is further submitted that on 09.07.025 at 19:15:43 hours, office order was issued by which disciplinary proceeding was initiated against the petitioner treating him as suspended. Admittedly, the order passed by the writ Court was properly communicated to respondent no.1 on 09.07.2025 through e-mail and it was also communicated by learned Chief Standing Counsel which is very much evident from the record.

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6. The record placed before this Court reveals that on 09.07.2025, a letter no.2275/ससेक-2-पपपांच-2025-6(18)/2021 was issued by Principal Secretary addressing learned Chief Standing Counsel seeking legal opinion in relation to the order dated 07.07.2025 passed by the writ Court. In pursuance thereof, legal opinion was given by learned Chief Standing Counsel that for allowing the petitioner as Chief Medical Officer, Kanpur Nagar, stay vacation can be sought. Thereafter, in evening at 19:15 hours, fresh order was passed by respondent no.1 treating the petitioner suspended and this is clear disobedience of the order passed by the writ Court.

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7. Mr. Aneesh Kumar Singh, Sub Inspector states that no movement of police force in the office of Chief Medical Officer related to the date 09.07.2025 is recorded in G.D.

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8. The G.D. No.60 reveals that on 10.07.2025, Dr. Uday Nath, Chief Medical Officer, Kanpur Nagar came to the concerning police station and gave a letter dated 10.07.2025 stating therein that petitioner- the then Chief Medical Officer forcefully entered in his office on 09.07.2025 at 9:00 am, removed the name plate and captured dak dispatch register, as a result, the medical services were hampered. On his request under the leadership of Inspector- Mr. Avnendra Singh, 16 police personnel were sent to the office of concerned Chief Medical Officer. Mr. Avnendra Singh went there on 10.07.2025 at 19:09 hours along with Sub Inspector- Aneesh Kumar Singh, Sub InspectorRamsatan Kashyap, Sub Inspector, Prince Kumar, Sub InspectorSandeep Deshwal, Sub Inspector- Ajay Kumar, Sub Inspector- Sushil Yadav, Lady Sub Inspector- Babli Gaur, Lady Home Guard- Simran, Head Constable- Alok Kumar, Head Constable- Vinay Pratap, Head Constable- Nikhil Kumar, Head Constable- Mithun Rana, Head

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Constable- Anil Kumar Rana, Constable- Vivek Ratna, ConstableDharmendra Yadav, Head Constable- Deshraj Singh and Head Constable- Kayam Singh.

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In the G.D. No. 70, it is mentioned that the applicant left the office of concerned Chief Medical Officer on his own choice as issue was resolved.

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9. Photographs annexed with the contempt application reveal that on 09.07.2025 at 4:10 pm, A.C.P. was sitting in the office of the applicant along with A.D.M. Thereafter, the applicant appears to be going outside and the police personnel were following him.

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In such circumstances, a comprehensive affidavit of respondent no.1 is necessary.

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10. List this case on 11.08.2025 within top ten cases.

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11. By the next date, in case a comprehensive affidavit is not filed by respondent no.1, he shall appear in person before this Court along with complete record.

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12. Mr. Aneesh Kumar Singh, Sub Inspector, Police Station- Chakeri, Kanpur Nagar present today need not to appear before this Court till further order.

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13. The original record placed before this Court is returned to learned Additional Advocate General.

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Order Date :- 28.7.2025 Arpan

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Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench

Dr. Haridutt Nemi v. Sri Parth Sarthi Sen Sharma, Prin. Secy. Deptt. of Medical, Health and Family Welfare Lko. and Ors.

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