HCS officer’s suspension: Complaint filed to ECI over missing seal and signature

Following the announcement of the Election Commission of India (ECI), the Model Code of Conduct has come into force directing all political factions and the leaders to ensure the rules and regulations. Amidst this, A controversy erupted over denial of permission of poll rallies with Kaithal sub-division to the AAP party by the Kaithal SDM with usage of reportedly objectionable words on the ENCORE portal. In wake of aforementioned, an order was issued on April 6 by the Department of Personnel under Chief Secretary Office in Government of Haryana placing the aforesaid concerned official of the Haryana Civil Service (Executive Branch) cadre for short HCS officer, Braham Prakash who was then posted as Sub-Divisional Officer (Civil) – SDO(C) a.k.a. SDM in Kaithal sub-division of Kaithal district and also happens to be ex-officio one of the designated Assistant Returning Officer(ARO) under Section 22(1) of Representation of the People Act, 1951 in respect of Kurukshetra Parliamentary Constituency.

Meanwhile, although the copy of the ibid order of suspension of aforementioned HCS(EB) 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, Hemant Kumar, an expert and Advocate at Punjab & Haryana High Court said that he perused the copy of the aforementioned order of suspension of ibid HCS (EB) 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 added that a month ago on 5 March 2024, when such suspended HCS (EB) officer 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 expert firstly on Sunday 7 April via a post on X (twitter) complained in this regard to the Election Commission of India (ECI) as well as CEO Haryana by tagging both their official X-handles but after he got no response, on Monday 8 April, he sent an email communication to ECI, 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(EB) officer is ordered, it is done with the seal-signature of Chief Secretary, Haryana but when any HCS (EB) 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, he has also mentioned in this email communication that order of suspension of any HCS (EB) 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.