JUDGMENT :

SANDEEP MOUDGIL, J.

Prayer:

1. The jurisdiction of this Court under Article 226 of the Constitution of India has been invoked seeking issuance of a writ in the nature of Certiorari to quash the impugned order dated 12.01.2026 (Annexure P-4) whereby, the petitioner has been suspended from service with further prayer to quash the decision of Respondent No.2 to charge sheet the petitioner under Rule 7 of Haryana Civil Services (Punishment and Appeal) Rules, 2016 (for brevity ‘Rules 2016’).

Brief facts:

2. The Petitioner was appointed as a Multi-Purpose Health Worker (MPHW) (Male) in the Health Department, Haryana vide appointment letter bearing No. ECCD/M-/2006/5278 dated 12.10.2006 issued by the Director General of Health Services, Haryana, Panchkula. The service conditions of the Petitioner are governed by the Haryana Health Department Multi-Purpose Health Supervisors and Multi-Purpose Health Workers Group ‘C’ Service Rules, 1984 as amended by the Amendment Rules, 2014, whereas disciplinary proceedings against the Petitioner are regulated by the Haryana Civil Services (Punishment and Appeal) Rules, 2016 (for short “Rules, 2016”). After his appointment, the Petitioner was posted at various places including CHC Rajond, District Kaithal and subsequently at Community Health Centre, Julana, District Jind, Haryana. The Petitioner successfully completed his probation period and has been serving as a regular employee of the Respondent-State.

3. Since his appointment in the year 2006, the Petitioner has been performing his duties sincerely, diligently and to the satisfaction of the authorities and no major punishment has ever been imposed upon him. It is also mentioned that although the Petitioner was earlier issued a charge-sheet under Rule 7 of the Haryana Civil Services (Punishment and Appeal) Rules, 2016 vide memorandum dated 02.03.2019, the same was duly replied to by the Petitioner and no further action has been taken thereupon till date.

4. However, while the Petitioner was discharging his duties at Community Health Centre, Julana, District Jind, the Respondent No. 2, acting under the directions of OSD/CM, vide impugned order dated 12.01.2026 (Annexure P-4), placed the Petitioner under suspension and fixed his headquarters at Malaria Office, Yamuna Nagar, which order was communicated to the Petitioner vide endorsement bearing No. VBD/M-2/2026/208-13 dated 12.01.2026. Hence, the present writ petition.

Contentions on behalf of the petitioner:

5. Learned counsel for the petitioner contends that the impugned order dated 12.01.2026 (Annexure P-4) placing the petitioner under suspension is ex facie arbitrary, mechanical and contrary to the provisions of the Rules, 2016. It is submitted that Rule 5 of the said Rules confers a discretionary power upon the competent authority to place a government employee under suspension where disciplinary proceedings are contemplated or pending, and such discretion must necessarily be exercised after due application of mind to the gravity of the alleged misconduct and the surrounding circumstances.

6. Learned counsel urges that the impugned order itself reveals that the suspension has been ordered “as per the directions of OSD/CM”, thereby demonstrating that the competent authority failed to exercise its independent discretion and merely acted upon the dictate of an authority not empowered under the statutory rules. Reliance in this regard is placed upon the judgments of the Apex Court in the cases of “State of Orissa v. Bimal Kumar Mohanty,” 1994(4) SCC 126; “Commissioner of Police v. Gordhandas Bhanji,” AIR 1952 SC 16; “Anirudhsinhji Karansinhji Jadeja v. State of Gujarat,” (1995) 5 SCC 302; “State of Madhya Pradesh v. Sanjay Nagayach” (2013) 7 SCC 25 and “State of U.P. v. Maharaja Dharmander Prasad Singh”(1982) 2 SCC 505, to contend that when statutory power is vested in a particular authority, the same must be exercised independently and cannot be surrendered to the dictates of another authority,