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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SANDEEP MOUDGIL
Shalender – Appellant
Versus
State Of Haryana – Respondent
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 poste
Point of law: seriousness and gravity of the misconduct contemplated to be enquired into and the material i.e., voice messages along with the complaint by the complainant Anil Proddaturu and recordin....
Suspension orders must reflect independent decision-making by statutory authorities and cannot be arbitrary or merely routine; otherwise, they may violate constitutional rights.
Point of Law : Mandate of an outer limit of 3 (three) months is only for the purpose of drawing up a departmental proceeding and the requirement to undertake an exercise of review prior to the said p....
Suspension of a government servant must be based on serious allegations and objective consideration, with documented reasoning to prevent arbitrariness.
The main legal point established in the judgment is that the appointing authority must exercise independent discretion when issuing a suspension order, as required by Regulation 4(1) of the Regulatio....
Suspension of government servants must be justified by credible evidence and timely disciplinary proceedings, or it risks being deemed punitive.
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