Haryana

ECI SUSPENDED HCS OFFICER, GOVT. REINSTATES SAME POST

June 08, 2024 09:09 AM

Face2News/Chandigarh-

Within hours of lifting of Model Code of Conduct by the Election Commission of India (ECI) after completion of General Election Process for electing 18th Lok Sabha, the Haryana Government on Friday 7 June has not only reinstated a 2019 batch Haryana Civil Service (Executive Branch)- HCS (EB) officer, Braham Parkash, who was suspended by the State Government two months on the orders/directions of ECI but rather the ibid officer has also been posted on the very same post i.e. Sub-Divisional Officer (Civil) - SDO(C) a.k.a. SDM in Kaithal sub-division of Kaithal district from where he got suspended.

Meanwhile, Hemant Kumar, an Advocate at Punjab & Haryana High Court told that although it is the prerogative of every Appropriate Government ( read Central as well as State Government) to suspend from service any such officer/official working under it against whom any sort of serious complaint/matter relating to corruption, inefficiency, misconduct, moral turpitude etc. is received or lodged and also subsequent reinstate him/her in service later on notwithstanding any departmental enquiry/inquiry as instituted against such tainted officer/official, if any, has either been completed or is continuing or else it yet to commence.

However, it is pertinent that if a State Civil Service (herein HCS) officer posted on a sensitive post of SDO(C)/SDM in a district ( thus designated Assistant Returning Officer- ARO in Parliamentary Election) has been suspended during General Election Process on the directions of ECI, then his reinstatement and posting on the very same post immediately after lifting of Model Code of Conduct raises serious question-marks.

It is also interesting to note that the Order of reinstatement of aforementioned HCS officer, Braham Parkash, has not been put in public domain i.e. it have not been uploaded on the official website of Chief Secretary (CS), Haryana but rather his posting fresh posting order (upon reinstatement) as SDO(C)/SDM of Kaithal has been uploaded on CS, Haryana website.

On 6 April, 2024 an Order was issued by the Department of Personnel under Chief Secretary Office in Government of Haryana placing under suspension Braham Parkash, HCS who was then also posted as SDO(C)/SDM, Kaithal and who also then happened to be ex-officio one of the designated ARO under Section 22(1) of Representation of the People Act, 1951 in respect of Kurukshetra Parliamentary Constituency in the State of Haryana where the Polling was scheduled on 25 May 2024.

Actually, a controversy erupted over denial of permission of poll rallies with Kaithal sub-division to the AAP party by the aforementioned Kaithal SDM Braham Parkash with usage of reportedly objectionable words on the ENCORE i.e. dedicated designed portal of ECI for the said purpose.

The Advocate had then even complained in this regard to the ECI as well as CEO Haryana along with a copy to Chief Secretary, Haryana contending that there can't be two set of parameters/standards i.e. when the posting/transfer of HCS officer is ordered, it is done with the seal-signature of Chief Secretary, Haryana but when any HCS officer is placed under suspension, then in lieu of seal-signature of Chief Secretary, Haryana, rather a Deputy Secretary level officer who is non-IAS and even non-HCS signs the same.

Meanwhile, although the copy of the ibid order of suspension of aforementioned HCS officer was not officially uploaded neither on the Haryana Government read State Chief Secretary website nor on the website of Chief Electoral Office (CEO), Haryana however a copy of the same went viral in social media including on certain news websites/apps.

Amidst the same, when Advocate Hemant perused the copy of the aforementioned order of suspension of ibid HCS officer, he was astonished to see that such order didn't bear the seal- signature of TVSN Prasad, incumbent Chief Secretary, Haryana but rather a Deputy Secretary level officer in the Personnel Department, one Suresh Kumar, who is non-IAS and even non-HCS

Hemant asserted that on 5 March 2024, when Braham Parkash, HCS was posted as Sub-Divisional Officer (Civil) of Kaithal Sub-Division in Kaithal District by an Order of State Government, it however bore the seal-signature of then Chief Secy, Haryana, Sanjeev Kaushal.

The Advocate had then even complained in this regard to the ECI as well as CEO Haryana along with a copy to Chief Secretary, Haryana contending that there can't be two set of parameters/standards i.e. when the posting/transfer of HCS officer is ordered, it is done with the seal-signature of Chief Secretary, Haryana but when any HCS officer is placed under suspension, then in lieu of seal-signature of Chief Secretary, Haryana, rather a Deputy Secretary level officer who is non-IAS and even non-HCS signs the same.

Furthermore, Hemant categorically asserted that order of suspension ( and even reinstatement) of any HCS or even IAS officer, if any, ought to be subjected to proactive public disclosure i.e. by uploading not only on the official website of Chief Secretary, Haryana but also on the official website of CEO, Haryana particularly when the same is done during the prevalence Model Code of Conduct in respect of General Election.

 
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