DR. PRABAL PAL vs DR. RAJENDRA KUMAR & ORS.

Judgment text excerpt

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 10.02.2026 + CONT.CAS(C) 174/2023 and CM APPLs.7428/2023, 6608/2024 DR. PRABAL PAL .....Petitioner Through: Mr. M.D. Jangra and Mr. Gagan Mathur, Advs. versus DR. RAJENDRA KUMAR & ORS. .....Respondents Through: Mr. Manish Kumar Saran, Mr. Sidhant Sharma and Mr. Mani Saran, Advs. for ESIC. CORAM: HON'BLE MR. JUSTICE SACHIN DATTA SACHIN DATTA, J. (Oral) 1. The present petition alleges wilful disobedience of the directions contained in the judgment / order dated 16.08.2021, passed in W.P.(C) 3157/2021. The operative directions therein are as under: “9. Accordingly, the writ petition is disposed of with a direction that the inquiry officer, while preparing the report qua the impugned memorandum of charges dated 11.07.2019 will not take into account the observations made in the investigation report dated 04.10.2018 qua the complaint of Mr. Prasenjit Santra, to the extent, they are adverse to the interests of the petitioner.” 2. The aforesaid judgment / order clearly requires that in the inquiry against the petitioner, the Inquiry Officer must not be influenced by the Investigation Report dated 04.10.2018 qua the complaint of Mr. Prasenjit Santra. 3. It transpired subsequently, that even prior to passing of the order dated 16.08.2021, the Inquiry Report dated 26.07.2021 had already been Signature Not Verified Digitally Signed CONT.CAS(C)174/2023 Page 1 of 4 By:CHINU LUTHRA Signing Date:13.02.2026 19:21:44 prepared. Incidentally, the same came to be submitted to the Medical Superintendent, ESIC, Medical College, Faridabad on 16.08.2021 i.e. on the very same date on which W.P.(C) 3157/2021 was disposed of with the aforesaid directions. 4. Evidently, this fact was not apprised to this Court on 16.08.2021. 5. Lear