Gurugram: Haryana’s Minister of Development and Panchayats Krishan Lal Panwar Thursday ordered the suspensions of the Block Development and Panchayat Officer (BDPO) of Panipat’s Israna, an accountant, an assistant, and two junior engineers over an alleged scam in the installation of iron benches, hand pumps, and water coolers in public areas.
Acting on the order, the director of the panchayat department soon suspended Israna BDPO Vivek Kumar and the other four officials.
Speaking to the media, Panwar said that Israna block committee chairman Harpal Malik first raised a complaint with him on irregularities in development works under the BDPO and the others.
The suspensions came close after Haryana Revenue Minister Vipul Goel suspended three revenue department officials. There seems to be a suspension spree in the state, with 17 officials suspended under orders from four state ministers in less than 10 days in the past.
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Vipul Goel, on 31 December last year, suspended Amit Kumar Yadav, the naib tehsildar of Kadipur in Gurugram district; Raghubir Singh, the naib tehsildar of Satnali in Mahendergarh district; and Vijay Kumar, a tehsildar at Ratia in Fatehabad district.
Before that, on 27 December, Haryana Agriculture and Farmers’ Welfare Minister Shyam Singh Rana suspended eight police personnel stationed at a Yamunanagar police post. They included in-charge sub-inspector Nirmal Singh, assistant sub-inspector (ASI) Jasbir, ASI Surender, ASI Surender Singh, head constable Krishan, and constables Gulab, Ravi, and Dalbir after a double murder in the area.
A day earlier, on 26 December, Haryana Energy Minister Anil Vij suspended a station house officer at Ambala for not filing an FIR on a complaint.
Political leaders in Haryana, particularly during the BJP’s tenure since 2014, have shown a penchant for flexing their muscles by suspending officials at the drop of a hat during public meetings or while presiding over the meetings of district grievances committees.
A senior IAS working in the Haryana government told The Print that the action by the ministers often appeared ridiculous as no law provides them the right to suspend officials.
“The government officials are governed by service rules, which specify who can punish them and how. Under those rules, a minister does not have authority to punish them,” he added.
The officer said the courts have always come down heavily on such actions by ministers, citing a Punjab and Haryana High Court order.
The court, he said, stayed the order of suspension on district elementary education officer Nirmal Dahiya after Minister of Public Health & Engineering Dr Banwari Lal verbally issued the order at a grievance redressal committee meeting on 7 July 2024.
Rules ignored
Rajbir Deswal, who retired as the Haryana additional director general of police (ADGP) in 2017, told The Print that the ministers ordering suspensions for police personnel, as seen in the case at the police post, and similar suspensions of police personnel elsewhere in the state, raise critical concerns on propriety, protocol, and principles of natural justice.
He said accountability in public service is essential, but bypassing established procedures undermines the institutional framework necessary for a disciplined and professional police force. The Punjab Police Rules, followed in the country with local modifications, categorically outline the process of inspections, disciplinary actions, and communication channels within the police hierarchy.
Ministers, as political executives, do not have the mandate to directly interfere in operational matters of police stations or to summarily suspend personnel, as that compromises the autonomy of the force and creates a perception of arbitrariness.
Moreover, such actions, he said, can prejudge inquiries and influence the impartiality of inquiry officers, making it difficult for the affected personnel to receive a fair hearing.
He said it was like “obiter dicta” in our courts, where opinions shared by the judges during the hearing may not be part of their final judgments and are not binding as precedent. However, “obiter dicta” can still hold significance and are often used to persuade the other party in later cases.
These episodes underscore the need for political authorities to respect the separation of administrative and executive functions in a democracy. Grievances and complaints must be routed through appropriate channels to uphold the rule of law and institutional integrity.
“Ministers and other authorities must resist the temptation to interfere directly in disciplinary matters, as this risks eroding public confidence in both the police force and the political leadership. Adhering to protocol ensures accountability while maintaining the dignity and discipline of the uniformed services,” Deswal added.
Yudhbir Singh Khyalia, an IAS officer who retired as a commissioner and secretary in Haryana in 2014, told The Print that during his service, he found that most suspensions were orders on the whims and fancies of the political leaders. He said the suspension orders issued by the ministers were not just undesirable but against the rules of natural justice.
“Even if an official is at fault, the Civil Services Rules provide the procedure under which the person can receive punishment,” he added.
Phateh Singh Dagar, an IAS officer who retired as commissioner and secretary in Haryana in 2013, shared a personal anecdote when contacted by The Print.
“I was serving as the director general of social justice and empowerment in the Haryana government roughly in 2004 when Ashok Arora, then Haryana transport minister, ordered the suspension of a tehsil-level welfare officer in Yamunanagar based on a complaint received at a grievance committee meeting he chaired.
Following the minister’s directive, “the deputy commissioner (DC) wrote to me, requesting the suspension of the official. However, I knew the officer to be honest and upright. I told the DC that I would not suspend an honest official merely due to a complaint raised in a grievance meeting”.
“The DC, reluctant to defy the minister’s orders, urged me to speak to him directly. Eventually, I approached the minister and explained my stance. To his credit, the minister was considerate enough to allow his orders to go ignored, if I was confident about the official’s integrity,” Dagar recalled.
He described another instance involving an order for suspension issued by the chief minister’s son.
“On that occasion, I demanded written instructions from the CMO. I clarified that if I were to suspend the official, I would also issue a chargesheet to ensure accountability, as I did not want to face embarrassment if the matter went to court. Ultimately, there were no written orders, and the suspension did not proceed,” he explained.
Reflecting on these experiences, Dagar pointed out a systemic issue. “The real problem is that most bureaucrats lack the courage to confront ministers and tell them when they are overstepping their authority, which not only undermines rules but also demoralises officials subjected to such actions,” he added.
(Edited by Madhurita Goswami)
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