HC quashes Haryana engineer's suspension for not answering minister's call
Superintendent Engineer Hari Dutt was suspended by Vij on April 16 following a complaint from Dhanda.
A bench of Justice Jagmohan Bansal set aside the suspension of Dutt, describing the order as 'non-speaking and mechanical.' The court underscored the responsibility of administrative authorities to provide clear and specific reasons for punitive actions.
The judgment came on a petition filed by Dutt, challenging his suspension. The DHBVNL directive had placed him under immediate suspension and instructed him to mark attendance at the office of the Chief Engineer (Operations), DHBVNL, Delhi. He was to receive subsistence allowance under Rule 83 of the Haryana Civil Services (General) Rules, 2016.
Appearing for the petitioner, Advocate Ashwani Talwar argued that the suspension was triggered by Dutt's failure to respond to a phone call from a minister on April 16, as reported in the media. Opposing counsel Prince Singh contended that the action was based on poor recovery rates in Dutt's division and that a charge sheet was being prepared.
In his ruling, Justice Bansal observed: 'From the perusal of the suspension order, it is evident that no reason has been assigned for placing the petitioner under suspension. There may be many reasons for placing an employee under suspension; however, the employer is duty bound to disclose at least one reason'.
He held that the absence of any stated reason rendered the suspension legally unsustainable and liable to be set aside. However, the court granted liberty to the respondents to issue a fresh order, if necessary, in accordance with the law.
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