The Punjab and Haryana High Court has set aside the suspension of Sunil Kumar, a government school teacher who sought release from Booth Level Officer (BLO) duties following his wife’s death. Justice Harpreet Singh Brar held that the authorities could not hold him responsible for the failure of substitute officers to take charge while leaving his request for relief unresolved.
The Court quashed the suspension order dated July 7, 2026, and the proposed disciplinary proceedings. It also directed the authorities to pay his withheld salary and imposed costs of ₹50,000 on two officials.
Background
Kumar, a Junior Basic Training (JBT) teacher and executive head teacher in Hisar, Haryana, had been performing BLO duties for approximately 11 years. His wife, Sunita, died on September 23, 2025, leaving him responsible for his children and his 83-year-old mother.
He applied for release from election duties on compassionate grounds on November 26, 2025. Although his superiors recommended the request, three different teachers were subsequently appointed to replace him at the same polling booth. None, however, completed the formal joining and portal-mapping requirements.
The authorities later accused Kumar of failing to perform BLO duties and attend Special Intensive Revision (SIR) training. He was suspended, and disciplinary proceedings were proposed against him. Challenging these actions, he approached the High Court.
Justice Brar noted that the authorities had appointed substitutes but had neither formally relieved Kumar nor clearly communicated whether he was required to continue performing the duties. The Court also found inconsistencies in the authorities’ accounts of the date of the allegedly missed training.
The judgment observed:
“Such failure cannot, by any stretch of imagination, be fastened upon the petitioner. Curiously, on the very same day, that is, 29.05.2026, respondent No.5 appointed Sh. Satish Kumar as BLO for Booth No.23 vide order (Annexure P-6) and also directed, vide memo (Annexure R-1), that the petitioner shall continue as BLO for the same booth.”
The Court further noted that Kumar had already been replaced as BLO on June 16, 2026, before his suspension was ordered. It held that the suspension was not justified as a measure supporting an inquiry, particularly when no charge-sheet had been served within the prescribed 90-day period and no valid extension had been granted.
The Court also criticised the officials for failing to consider Kumar’s representations and relying on additional grounds that did not form part of the original suspension order.
Allowing the writ petition, the High Court quashed the suspension order dated July 7, 2026, the July 3, 2026 letter proposing a charge-sheet, and all consequential proceedings.
The Court directed that the suspension period be treated as duty, with full pay and allowances and the withheld salary, after adjustment of any subsistence allowance already paid, to be released within four weeks of receipt of the certified order. It further directed the authorities to consider Kumar’s personal circumstances before assigning him future BLO duties and to ensure that replacement orders and substitute officers’ joining formalities are properly communicated and completed.
Costs of ₹50,000 were imposed jointly on the District Elementary Education Officer, Hisar, and the Electoral Registration Officer-cum-Sub Divisional Officer (Civil), Barwala, payable in equal shares to the High Court Legal Services Committee within four weeks.
Case Details
- Case Title: Sunil Kumar v. State of Haryana and Others
- Case Number: CWP-23925-2026
- Judge: Justice Harpreet Singh Brar
- Decision Date: October 8, 2026
