2 weeks Ago By Sushil Manav
Gurugram: The Punjab and Haryana High Court quashed the suspension order of the Superintending Engineer (SE) of the Dakshin Haryana Bijli Vitran Nigam Limited (DHBVNL), who was suspended for not answering a phone call from Haryana Education Minister Mahipal Dhanda. The suspension—ordered by Energy, Transport and Labour Minister Anil Vij on 16 April, 2025, following Dhanda’s complaint—was set aside by Justice Jagmohan Bansal, who described the order as “non-speaking, non-reasoned, and mechanical”. The verdict, delivered on 22 April, 2025, allows the state government to issue a fresh order in accordance with the law but serves as a significant rebuke to certain Haryana ministers known for suspending officials on flimsy grounds.
However, a day after the High Court order, the officer was suspended again, this time by assigning reasons for his suspension. The order issued by the Managing Director of the DHBVN on 23 April said that he was being suspended “in view of contemplated disciplinary proceedings against him under Regulation-7 of DHBVNL Employees (Punishment and Appeal) Regulations-2019 for imposition of major penalty on account of his non-performance and lack of supervision as SE, Operation Circle, DHBVNL, Jind”. The case stems from an incident five days prior to the suspension, when Dhanda, also the chairman of the Jind District Grievance Redressal Committee, visited Jind to address farmers’ issues.
During this time, his calls to SE Hari Dutt, an officer with DHBVNL in Jind, went unanswered. Dhanda escalated the matter to Anil Vij. During a meeting of power corporation officials in Chandigarh on 16 April, 2025, chaired by Vij, the issue was raised, leading to Dutt’s immediate suspension.
The order, issued by DHBVNL in Hisar, attached Dutt to the Chief Engineer’s office in Delhi, where he was required to mark daily attendance. Dutt challenged the suspension in the Punjab and Haryana High Court through a petition under Articles 226 and 227 of the Constitution. His counsel, Ashwani Talwar, argued that the suspension was based solely on Dhanda’s complaint about unanswered calls, as reported in the media.
The state government, represented by Additional Advocate General Rajni Gupta, countered, justifying the suspension and stating that a chargesheet was being prepared. However, the court rejected this argument, noting that the suspension order itself failed to mention any reason, rendering it invalid. The court’s order emphasised that employers must provide at least one clear reason for suspending an employee, a standard the impugned order did not meet.
The court’s decision left the Haryana government with the option to issue a new suspension order against Dutt, provided it included specific reasons and adheres to legal standards, which it now has. This ruling is a setback for Haryana ministers, who have a history of suspending officials with little regard for due process. Talking to The Print, Yudhbir Singh Khyalia, a retired IAS officer, said that the High Court’s decision is a welcome verdict but at the same time, he added, there couldn’t have been any other decision in this case.
“There is no provision in the Haryana Service Rules that provides that an officer can be suspended for not attending a minister’s telephone. There can be hundreds of compelling reasons for the officers for his inability to take calls,” Khyalia reasoned. He said that the ministers in the BJP government in Haryana have been suspending government officials at the drop of a hat, which is not only against the service rules but also demoralising for the government servants.
In January this year, ThePrint had reported how Haryana ministers in the Nayab Saini government suspended 17 government officials in just 10 days. In October 2023, 372 investigating officers in the Haryana Police were suspended in one sweep after the then Home Minister Anil Vij came down on police personnel delaying investigations. In January 2024, ThePrint had reported how the then CM Manohar Lal Khattar had started cracking the whip ahead of Lok Sabha polls by suspensions, forced leaves and salary cuts on the officials.
Similarly, in June 2023, ThePrint reported how Anil Vij’s on-the-spot suspensions and fiery outbursts earned him the moniker of ‘ Gabbar ’ of Haryana politics. On 16 January, 2023, ThePrint detailed Vij’s tendency to issue suspensions during his Janata Darbars, often based on one-sided complaints. (Edited by Zinnia Ray Chaudhuri) Also read: In late-night police force rejig, Saini govt transfers 55 IPS, HPS officers.
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