IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

119+118 (2 cases) CWP-38230-2025 Date of Decision: 19.12.2025 Dr. Garima Chaudhary …Petitioner Versus State of Haryana and others …Respondents And CWP-38206-2025 Dr. Sabahat Noor …Petitioner Versus State of Haryana and others …Respondents CORAM: HON’BLE MR. JUSTICE JAGMOHAN BANSAL Present: - Mr. Babbar Bhan, Advocate and Mr. Daksh Uppal, Advocate for the petitioner (in both petitions)

Mr. Ashok Kumar Khubbar, Additional Advocate General, Haryana Mr. Vivek Goyal, Advocate for respondent No.4 ***

JAGMOHAN BANSAL, J. (Oral)

1. As common issues are involved in the captioned petitions, with the consent of both sides, the same are hereby disposed of by this common order. For the sake of brevity and convenience, facts are borrowed from CWP No.38230 of 2025.

2. The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of order dated 05.12.2025 (Annexure P-13) whereby she has been transferred from FSL, Madhuban to RFSL, Gurugram. She is further seeking stay of impugned transfer and relieving orders.

3. The petitioner is holding post of Assistant Director (DNA) at FSL, Madhuban. She has been transferred from FSL, Madhuban to RFSL, Gurugram. She claims that there was ambiguity and internal discord in the department due to cadre structure and inter se seniority. The situation aggravated upon appointment of present Director, FSL, Madhuban. Assistant Director, Dr. Rajeev Kawatra enjoys confidence and patronage of the Director. The respondent in January’ 2024 reallocated cases among reporting officers ostensibly to ensure uniformity in the disposal of fast track/priority cases. The petitioner expressed her readiness and willingness to comply with the directions, however, requested adequate manpower and infrastructure support. Director, FSL, Madhuban issued show cause notice dated 07.02.2024 alleging that there is unwarranted demand for additional resources. The petitioner vide letter dated 02.02.2024 raised serious concern regarding non-conducive work environment. She also highlighted hostile atmosphere adversely affecting her dignity and effective discharge of official duties. She vide letters dated 28.08.2025, 10.09.2025 and 26.09.2025 requested the respondent to handover her charge of Head of the DNA Division. Dr. Rajeev Kawatra got her marked absent on the day when she was attending Court for the purpose of tendering expert testimony. She was issued show cause notice dated 10.10.2025 alleging violation of official protocol, absence without intimation and indiscipline. She has been transferred by impugned order dated 05.12.2025. She was issued relieving order on 09.12.2025 with a direction to immediately join RFSL, Gurugram. The transfer order has to take effect w.e.f. 01.01.2026, however, relieving order was issued on 09.12.2025. The respondent issued order dated 10.12.2025 whereby she was attached to DNA Division up to 31.12.2025 contrary to relieving order.

4. Learned counsel for the petitioner submits that petitioner has been transferred on account of malice which is evident from different orders passed in the month of December’ 2025. Initially, it was ordered that transfer order would come into effect w.e.f. 01.01.2026. Thereafter, on 09.12.2025, the petitioner was relieved. On 10.12.2025, she was attached to DNA division upto 31.12.2025. Things did not stop here. The petitioner has been relieved on 16.12.2025. The sequence of events shows mala fide intention of the authorities. Director, FSL, Madhuban is working at the behest of Assistant Director, Dr. Rajeev Kawatra who enjoys confidence and patronage of the Director. The order has not been passed by competent authority. There is lot of pending work at Madhuban whereas she has been transferred to Gurugram where limited work of testing of cow meat is involved. Sufficient staff is available at Gurugram. The orders are against the Government Instructions.

5. Learned State counsel