Court Questions Arbitrariness of Suspension Order, Grants Interim Relief to Medical Officer Pending Next Hearing
In a significant development, the Punjab and Haryana High Court has stayed the suspension of a Medical Officer, Dr. Vijay Parmar, challenging the grounds of poor performance in improving the sex ratio as arbitrary and predetermined. The order, originally passed by the Additional Chief Secretary to the Government of Haryana, Health Department, on May 18, 2026, has been put on hold, providing relief to the petitioner until the next hearing scheduled for October 27, 2026.
The case, presided over by Justice Sandeep Moudgil, has raised important questions about the application of Rule 7 of the Haryana Civil Services (Punishment and Appeal) Rules, 2016. The suspension was challenged on the basis that the decision was made without a proper evaluation of material evidence and was allegedly influenced by a predetermined mindset. The petitioner argued that basing disciplinary actions solely on statistical data could lead to wrongful implications under the Pre-Conception and Pre-Natal Diagnostic Techniques (PC & PNDT) Act.
Advocate Ms. Himani Anand, representing Dr. Vijay Parmar, emphasized the potential for misuse and fabrication of cases if such measures are allowed to proceed unchecked. The court has acknowledged these concerns by granting a stay on further proceedings related to the suspension order, allowing the petitioner, Dr. Vijay Parmar, to return to his original posting until further notice.
Respondents, represented by Ms. Mayuri Lakhanpal Kalia, Deputy Advocate General, Haryana, have been given time to file a written statement before the next hearing. The court has instructed the State to ensure an advance copy is provided to the petitioner’s counsel.
This case underscores the judiciary's role in scrutinizing administrative actions, particularly when they appear to be arbitrary or lack substantial evidence. The interim relief granted by the court not only provides immediate respite to the petitioner but also sets a precedent for similar cases where disciplinary actions are challenged on grounds of arbitrariness.
Bottom line:-
Suspension of Medical Officer under Rule 7 of the Haryana Civil Services (Punishment and Appeal) Rules, 2016 - Order challenged on grounds of arbitrariness and pre-determined action - Stay granted on further proceedings pursuant to the suspension order.
Statutory provision(s): Haryana Civil Services (Punishment and Appeal) Rules, 2016, Rule 7; PC & PNDT Act.
Dr Vijay Parmar v. State of Haryana, (Punjab And Haryana) : Law Finder Doc id # 2909819
