Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SANDEEP MOUDGIL
Salinder Kumar – Appellant
Versus
Cygnus Superspeciality Hospital, Kaithal – Respondent
JUDGMENT :
SANDEEP MOUDGIL, J.
Prayer
1. The present writ petition has been filed under Articles 226/227 of the Constitution of India seeking issuance of a writ in the nature of certiorari for quashing the impugned transfer order dated 14.11.2025 (Annexure P-13) whereby the petitioner was transferred from Kaithal to Ujala Cygnus Kashmir Super Specialty Hospital, Srinagar and the impugned termination order dated 22.12.2025 (Annexure P-24) whereby the services of the petitioner were terminated by respondent No.2.
The Conspectus Of Facts
2. The petitioner was appointed as Marketing Executive vide Letter of Intent dated 25.08.2016 and was promoted as Marketing Manager vide letter dated 01.09.2016. His services were confirmed on 01.03.2017. Thereafter, he was promoted to the post of GM (Operations & Business Development) w.e.f. 01.03.2018, vide order dated 24.04.2019, and continued to serve at Kaithal.
3. On 14.11.2025, the petitioner was transferred from Kaithal to Ujala Cygnus Kashmir Super Speciality Hospital, Srinagar. The petitioner submitted representations, including email dated 21.11.2025 and subsequent communications, seeking reconsideration of the transfer on personal grounds. Howev
Writ petitions against private entities are not maintainable under Article 226 unless public law elements are involved; termination from a private company does not invoke judicial review.
A company can be classified as 'State' under Article 12 of the Constitution if it operates significantly under government control and serves public functions.
The main legal point established in the judgment is the significance of precedent and the doctrine of stare decisis in determining the applicability of legal provisions, such as the definition of 'St....
Writs cannot be issued against private entities as they do not perform public duties, reaffirming the limits of Article 12 applicability.
AWrit Petition under Article 226 of the Constitution is not maintainable against a scheduled bank on the ground that the business of banking does not fall within the expression “public duty”.
Contractual termination upheld; judicial review permitted even with alternative remedies, but no malice found in termination process.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
