A person is senior by virtue of seniority and deserves to be respected: HC

A person is a senior by virtue of his seniority and should be respected even if he has less academic qualification than juniors, the Delhi High Court has observed.

The high court said insubordination is misconduct and refused to interfere with the orders of a special executive magistrate (SEM) and a trial court directing a junior AIIMS doctor, who had an argument with his senior, to maintain peace in the South Delhi area.

"Senior is by virtue of his seniority, may be having less academic degrees than juniors, still he or she should be respected and maintain the subordination," Justice Suresh Kumar Kait said.

The issue relates to an argument between the doctor and the head of department (HoD) of Rheumatology in March 2017, following which the senior woman doctor had complained to the police against the subordinate.

The court was dealing with the plea of an All India Institute of Medical Sciences (AIIMS) doctor challenging the SEM's August 3, 2018 order holding that it was established that he used to talk to the complainant, who is the head of department, in a loud voice and his behaviour was improbable, undesirable and uncalled for on two occasions, that is, at the OPD and the doctor's chamber.

The SEM had also bound down the doctor to maintain peace in jurisdiction of South Delhi district for a period of one year in sum of Rs 10,000.

The high court said, "As of now, more than one year has already been passed. Thus, nothing remains in the present petition to interfere with the orders passed by the SEM and the additional sessions judge."