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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARPREET SINGH BRAR
Pooja Gera – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
HARPREET SINGH BRAR, J.
1. Prayer in this writ petition filed under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature of certiorari, for quashing the impugned order dated 31.03.2025 (Annexure P-12) passed by respondent No.5 whereby the claim of the petitioner for enhancing subsistence allowance from 50% to 75% has been rejected in an illegal and arbitrary manner and in clear contravention of the provisions of Haryana Civil Services (General) Rules 2016 and for quashing the impugned suspension order dated 25.05.2022 (Annexure P-1) passed by respondent No.3 vide which the petitioner has been continuing under suspension for the last more than 3½ years in an illegal and arbitrary manner and in clear violation of the provisions of Haryana Civil Services (Punishment and Appeal) Rules 2016. Further a writ of mandamus has been sought, directing the respondents to reinstate the petitioner on the post of Commercial Assistant in the light of the judgment passed by the Hon'ble Apex Court in Prem Nath Bali vs. Registrar, High Court of Delhi and another Civil Appeal No.958 of 2010 which has been further followed by this Court in CWP-11580-2017 titled
Suspended employees are entitled to subsistence allowance as a matter of right, and proper disciplinary proceedings must be initiated post-conviction under Rule 17(c).
The court upheld the authority's discretion to continue suspension in the context of a pending criminal proceeding, considering the seriousness of the charges and the need for further proceedings.
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....
Merely stating that huge financial losses are caused to the State would not suffice unless the charges are even prima-facie supported by any credible material placed before the court.
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