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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
AJAY MOHAN GOEL
Mohan Lal – Appellant
Versus
Divisional Commissioner, Kangra – Respondent
| Table of Content |
|---|
| 1. petitioner suspended for prolonged criminal custody. (Para 1 , 2 , 3) |
| 2. pre-suspension hearing mandatory under section 145(2a). (Para 4) |
| 3. no notice required for custody-based suspension per respondents. (Para 5) |
| 4. breach of hearing requirement voids suspension order. (Para 6 , 7) |
| 5. suspension quashed; liberty for lawful re-proceedings. (Para 8) |
Judgment :
Ajay Mohan Goel, J.
By way of this writ petition, the petitioner has inter alia prayed for the following reliefs:-
“(a) Issue a writ of Certiorari or any other appropriate writ, order or direction quashing the impugned order dated 8.12.2025 and 10.12.2025 annexed as Annexure P-25 and P-28, show- cause notices/communications and any other act of the respondents in pursuance thereof, as may be found illegal, arbitrary or volatile of law.
(b) That issue a writ of Mandamus and/or any other appropriate writ directing the respondents to refrain from taking any further action in pursuance of the impugned orders and to restore the
status quo and as on the date immediately prior to the said actions, pending final disposal of this petition
(c) To Direct the respondents to afford an opportunity of hearing to the petitioner and t
Suspension of elected office bearer without opportunity of hearing violates mandatory statutory provision, rendering order void ab initio, with liberty to proceed afresh in accordance with law.
Suspension of an elected official is deemed revoked if the inquiry is not completed within six months as mandated by law.
Administrative bodies must provide clear justifications for suspension orders and act expediently in processing appeals to ensure fairness.
A party must exhaust statutory remedies before invoking writ jurisdiction, and claims of natural justice violations must be substantiated.
Appeals against suspension of elected Gram Panchayat Pradhans must be decided expeditiously, particularly near term end; improper adjournments by unauthorized persons justify staying suspension pendi....
Appellate authorities must decide suspension appeals of elected public representatives on merits rather than vacating interim stays in ways rendering appeals infructuous, adopting pragmatic, sensitiv....
Procedural fairness requires authorities to provide reasons when suspending elected representatives; mechanical actions without due justification are invalid.
Point of law: power of suspension may be invoked by the State Government, if the proceedings have been commenced for removal of a member as provided under subsection (1) of Section 39 of the Act of 2....
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