JUDGMENT :

SANDEEP MOUDGIL, J.

Prayer

1. The jurisdiction of this Court has been invoked under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of Certiorari to quash the impugned order dated 26.12.20225 (Annexure P-11) whereby, the petitioner has been suspended fixing his headquarter at District Food and Supply Controller (DFSC), Palwal.

Brief Facts

2. The petitioner was initially appointed as a Chowkidar on 08.08.2005 and was thereafter promoted to the post of Clerk in the year 2013, followed by further promotion to the post of Sub-Inspector on 12.05.2020 w.e.f 18.10.2017. Owing to his 80% locomotor disability, he was posted at a station of his choice, namely PR Centre, Hodal. Subsequently, the petitioner received a communication vide letter dated 03.11.2022 (Annexure P-3) from respondent No. 2 seeking an explanation as to why he was seeking transfer to a distant place, i.e. Palwal, despite having been granted a posting at Hodal and he was transferred from Hodal to Hasanpur vide order dated 15.11.2022. The petitioner clarified by way of reply dated 16.12.2022 (Annexure P-4) that he had never sought any such transfer and asserted that the action was a result of a conspiracy against him.

3. Aggrieved thereby, the petitioner filed Civil Suit No. 70 of 2023 titled “Santosh vs. Food Supply Officer and others”, wherein the learned Trial Court permitted the petitioner to continue working at Hodal and the said suit was subsequently withdrawn on 11.04.2024. Thereafter, vide order dated 28.04.2023, the petitioner was transferred to Mahendergarh, approximately 100 kilometers away in violation of the departmental transfer policy. The petitioner challenged the said order by filing CWP No. 9990 of 2023, in which this Court stayed the operation of the transfer order vide order dated 16.05.2023 (Annexure P-5).

4. Once again, the petitioner was transferred to Gurugram vide impugned order dated 28.01.2025 (Annexure P-7). The petitioner challenged the said transfer by filing CWP No. 3018 of 2025, wherein this Court stayed the operation of the impugned order. The said writ petition is presently pending and listed for 11.03.2026.

5. However, in an apparent attempt to circumvent the stay order passed by this Court, the respondents placed the petitioner under suspension, fixing his headquarters at the office of the District Food and Supply Controller, Panchkula. The petitioner challenged the said order by filing CWP No. 7961 of 2025, in which this Court stayed the operation of the suspension order. Consequently, the respondents withdrew the impugned order, rendering the writ petition infructuous.

6. Thereafter, the respondents once again placed the petitioner under suspension and fixed his headquarters at the office of the District Food and Supply Controller, Palwal, thereby compelling the petitioner to approach this Court.

7. Hence, the present writ petition.

Contentions

On behalf of the petitioner

8. Learned counsel for the petitioner has contended that the impugned order of suspension and fixation of headquarters is arbitrary, mala fide, and a colourable exercise of power as it has been passed with the sole object of harassing the petitioner and circumventing the repeated interim protections granted by this Court.

9. It is further contended that the petitioner, being a person with 80% locomotor disability, is entitled to protection under the applicable transfer policy and the Rights of Persons with Disabilities Act, 2016, however, the respondents have persistently subjected him to illegal transfers to far-off stations and punitive suspension, despite his never seeking any such transfer from Hodal. Moreover, the suspension has been misused as a retaliatory and punitive measure without any disciplinary proceedings, charge-sheet, or administrative necessity, and without application of mind to the petitioner’s medical condition, past litigation, or binding judicial orders.

10. It is argued that the repeated actions of the respond