A delinquent employee cannot be placed under suspension for an indefinite period; disciplinary proceedings must be concluded within a reasonable and short duration to ensure fairness and administrative efficiency.

HARPREET SINGH BRAR J. (Oral)

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 suspension order dated 18.03.2026 (Annexure P-11) whereby the petitioner has been ordered to be placed under suspension by the respondents immediately after reinstating him in service vide order dated 18.03.2026 (Annexure P-10) in compliance of the judgment dated 03.12.2025 (Annexure P-9) passed by this Court in an earlier round of litigation of the petitioner i.e. CWP No.35929 of 2025 titled as Kulwant Singh vs Chairman, Haryana Power Utilities, Panchkula and Others. Further a writ of mandamus has been sought, directing the respondents to re-instate the petitioner back in service forthwith and grant him all consequential benefits, including arrears of pay, seniority etc. along with interest @ 18%, in view of the order dated 19.01.2026 (Annexure P-13) passed in CWP No.1117 of 2026 titled as Pooja Gera vs State of Haryana and Others and further on account of his reinstatement in service vide order dated 18.03.2026 (Annexure P-10) passed by the respondents.

2. Learned counsel for the petitioner, inter alia, contends that the petitioner was initially suspended on 17.06.2022. In terms of the Instructions dated 15.03.2022 as well as the order dated 02.12.2022 passed in CWP-27601-2022, titled as Sukhbir Singh vs State of Haryana and others , the earlier writ petition filed by the petitioner i.e. CWP-35929-2025, titled as Kulwant Singh vs Chairman, Haryana Power Utilities, Panchkula and others, was allowed by this Court on 03.12.2025 and the appointment of Enquiry Officer along with all subsequent orders including the punishment order were set-aside as the same have been passed without following the drill of Regulation 7(A)(1) of the UHBVNL (Punishment & Appeal) Regulations, 2018. He further submits that this Court while allowing the writ petition i.e. CWP-35929-2025, has also granted liberty to the respondents to start the de novo disciplinary proceedings against the petitioner in accordance with the applicable UHBVNL (Punishment & Appeal) Regulations, 2018 and appoint an Enquiry Officer in terms of the Instructions dated 15.03.2022. However, the respondent/Corporation has once again passed the suspension order on 18.03.2026 as discernible from Annexure P-11. He further argues that the petitioner is under suspension for the last four years which is contrary to the law laid down by the Hon’ble Supreme Court in State of Tamil Nadu vs Parmod Kumar IPS , (2018) 17 SCC 677 and K. Sukhender Reddy vs State of A.P. and another , (1999) 6 SCC 257, whereby it has been clarified that a delinquent employee cannot be placed under suspension for an indefinite period. Further, it was held that suspension must necessarily be of a short duration as the delinquent employee is entitled to speedy conclusion of disciplinary proceedings initiated against him. This Court has also reiterated the said legal position in CWP-1117-2026, titled as Pooja Gera vs State of Haryana and Others , decided on 19.01.2026 and ordered reinstatement of the petitioner therein forthwith.

2.1. Learned counsel for petitioner further submits that the action of the respondent/Corporation in passing the impugned suspension order dated 18.03.2026, is contemptuous as no liberty was granted by this Court to suspend the petitioner once again rather the respondents were granted liberty to start de novo disciplinary proceedings against the petitioner in accordance with the applicable UHBVNL (Punishment & Appeal) Regulatio