The Delhi High Court has taken serious note of the "stoic silence" maintained by authorities regarding crucial aspects of the suspension case involving IAS officer Sanjeev Khirwar, popularly known for the 'Dhonchak' song controversy. A division bench comprising Justice Rekha Palli and Justice Sudhir Kumar Jain has expressed concern over the lack of clarity on fundamental issues surrounding the officer's suspension.
Legal Battle Intensifies in Delhi High Court
The case reached the division bench after Khirwar challenged his suspension order dated October 11, 2023. The bench specifically questioned why the authorities remained silent on whether the alleged misconduct occurred during Khirwar's official duties or in his personal capacity. This distinction is crucial as it directly impacts the validity and nature of the disciplinary proceedings.
The court proceedings revealed that Khirwar, a 2009-batch AGMUT cadre officer, had been serving as Chandigarh's Home Secretary when he faced transfer to Ladakh on September 29, 2023. This transfer came shortly after his wife's 'Dhonchak' song video went viral on social media platforms, creating significant controversy.
Controversial Transfer and Subsequent Suspension
The sequence of events began when the central government issued Khirwar's transfer order to Ladakh on September 29. However, before he could assume his new position, the Chandigarh administration placed him under suspension on October 11. The suspension order cited disciplinary proceedings as the reason, though specific details remained unclear.
Justice Rekha Palli's bench observed that the authorities maintained complete silence on whether the alleged misconduct that led to the suspension occurred during the discharge of Khirwar's official duties. The court emphasized that this fundamental question needed clarification before proceeding with the case.
The single-judge bench had previously dismissed Khirwar's petition challenging his suspension on February 28. Unsatisfied with this decision, the officer approached the division bench, arguing that the suspension violated established service rules and lacked proper justification.
Court's Critical Observations and Next Steps
During the hearing, the division bench pointed out several procedural irregularities in the handling of Khirwar's case. The judges noted that the authorities failed to provide adequate reasoning for their actions and maintained what the court described as a "stoic silence" on core legal and procedural aspects.
The bench has now issued notices to the central government and the Chandigarh administration, seeking their detailed responses. The court has given the respondents four weeks to file their replies and scheduled the next hearing for May 22, when the matter will be taken up for further consideration.
This case has drawn significant attention in bureaucratic circles as it touches upon important questions about the limits of administrative authority in transferring and suspuring IAS officers. The outcome could set important precedents regarding the rights of civil servants facing disciplinary actions and the procedures that must be followed in such cases.
The 'Dhonchak' song controversy had initially brought Khirwar and his wife into the public spotlight, with the viral video attracting both praise and criticism. However, the subsequent administrative actions against the officer have raised broader questions about the intersection of personal expression and professional consequences for government officials.
