Suspension Cannot be Indefinite: Punjab & Haryana HC Quashes IPS Officer’s Suspension Orders for Procedural Violations
In a significant ruling that underscores the limits of administrative powers in suspending All India Services officers, the Punjab and Haryana High Court has quashed the suspension orders of IPS officer Param Raj Singh Umaranangal. The bench comprising Justice Sureshwar Thakur and Justice Sudeepti Sharma held that the suspension, extending over a period of almost five years, was invalid due to non-compliance with the mandatory procedural requirements under the All India Services (Discipline and Appeal) Rules, 1969.
Background and Proceedings:
The petitioner, Param Raj Singh Umaranangal, challenged the suspension orders dated February 26, 2019, November 20, 2020, and March 22, 2021, on grounds of procedural irregularities. The officer had been under suspension since February 18, 2019, due to various criminal charges against him.
Court’s Observations and Ruling:
The court noted, “Suspension, especially preceding the formulation of charges, is essentially transitory or temporary in nature, and must perforce be of short duration.” This observation was crucial in determining the fate of the suspension orders. The bench observed that the suspension orders were not valid beyond the specified period without proper review and extension by the competent authority, as required under Rule 3 of the All India Services (Discipline and Appeal) Rules, 1969.
Highlighting the importance of procedural compliance, the court remarked, “The State Government cannot pick and choose the Rules of their suitability and pass the orders without following the procedure as mentioned in the Rules.”
In its judgment, the bench relied on several precedents, including the landmark judgment of Ajay Kumar Chaudhary Vs. Union of India, which emphasized the need for suspension to be for a short duration.
Impact and Consequences:
The court’s decision to quash the suspension orders and direct the immediate reinstatement of the petitioner is seen as a reaffirmation of the principles of fairness and due process in administrative actions. This judgment sets a precedent, emphasizing the need for adherence to the prescribed procedures in the suspension of All India Services officers.
Date of Decision: 02 Feb. 2024
Param Raj Singh Umaranangal VS Union of India and Others
