SHAMSHER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in the petition under Article 226/227 of the Constitution of India, is for the issuance of a writ, order or direction, especially in the nature of mandamus / certiorari for quashing Annexure P/l dated 22.02.2020 i.e. order of suspension passed by respondent No.3, without the approval of the appointing / punishing authority i.e. respondent No.2.

(2.) Learned counsel contends that the impugned order, Annexure P/l was passed by the S.E./Administration for CMD, DHBVN, Hisar, placing the petitioner under suspension with immediate effect in derogation of Regulation 5(1) of the DHBVN Employees (Punishment and Appeal) Regulations 2019. Relevant extract of Regulation 5(1) is reproduced as under:-

(3.) Learned counsel also relies upon Regulation 6 to contend that the same stipulates the authority competent to impose any of the penalties specified in Regulation 4 upon persons to whom the regulations apply as also the delegation of Administrative powers to inflict Minor / Major punishment on Gazetted / Non Gazetted employees as per Annexure 'A'. Regulation 6 is reproduced as under :-