Nirmala Sharma v. State Of Haryana And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH **** CWP-15768-2026 Date of Decision: 20.05.2026 NIRMALA SHARMA

...Petitioner

Vs.

STATE OF HARYANA AND ORS.

...Respondents

CORAM:- HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present:- Mr. Punit Malik, Advocate for the petitioner Mr. Akshit Pathania, Assistant A.G. Haryana *** JAGMOHAN BANSAL, J. (ORAL) 1.

The petitioner through instant petition under Article 226/227 of the Constitution of India is seeking direction to respondents No.2 & 3 to suspend medical licence of respondent No.4 during the pendency of criminal and disciplinary proceedings. She is further seeking direction to respondent No.2 to decide her representation dated 17.07.2023. 2.

The petitioner is daughter of deceased-Chandra Prakash Dixit. He was admitted to Signature Advanced Super Specialty Hospital, Gurugrum on 01.12.2022 where respondent No.4 performed Hemiarthroplasty surgery on 01.12.2022. He was discharged on 04.12.2022. He developed acute pain but respondent No.4 paid no heed. He was admitted to FORTIS hospital. He passed away on 17.02.2023. She filed complaint dated 09.03.2023 to the Chief Medical Officer, DEEPAK BISSYAN 2026.05.20 16:42 I attest to the accuracy and authenticity of this order/judgment

CWP-15768-2026 -2Gurugram. The expert committee of District Medical Negligence Board vide report dated 15.06.2023 held the respondent No.4 guilty of medical negligence and professional misconduct. She filed representation dated 17.07.2023 to the respondent-Haryana Medical Council seeking initiation of disciplinary proceedings as well as suspension or cancellation of medical licence of respondent No.4 but the same has not been addressed till date. An FIR No.608 dated 05.10.2023 under section 304-A IPC at PS sector-10, Gurugram was lodged against the medical staff of the hospital alleging medical negligence.

3.

Learned counsel for petitioner submits that he confines his prayer to direct respondent to adjudicate petitioner's representation dated 17.07.2023.

4.

On the complaint of petitioner, FIR No.608 dated 05.10.2023 was registered. The police after completing investigation has filed its report and trial Court is seized of the matter. Any order of this Court would amount to interference in the trial. No order of this Court at this stage is warranted.

5.

Disposed of 6.

Pending application(s), if any, stands disposed of. (JAGMOHAN BANSAL) JUDGE May 20, 2026 Deepak DPA Whether Speaking/reasoned Yes/No Whether Reportable Yes/No DEEPAK BISSYAN 2026.05.20 16:42 I attest to the accuracy and authenticity of this order/judgment