‘Affair Not Misconduct’: Allahabad High Court Stays Suspension Of Police Officer
Last Updated:May 15, 2025, 07:24 ISTThe precocious tribunal recovered prima facie merit successful Mohammad Mohsin Khan’s contention and stayed the suspension bid until further directionsThe petitioner contended that the authorities authorities acted mechanically portion suspending him, relying solely connected the proposal made by the further manager wide (ADG) of constabulary connected March 6, 2025. (Representative image)The Allahabad High Court has stayed the suspension of a constabulary serviceman accused of being successful a narration with different pistillate contempt being married.The seat of Justice Karunesh Singh Pawar, passing the bid connected May 9, stayed the suspension of Mohammad Mohsin Khan, a authorities servant, which was issued connected the ground of allegations that helium was successful a intersexual narration with different woman. The bid came successful effect to Khan’s petition challenging the legality of his suspension.The petitioner contended that the authorities authorities acted mechanically portion suspending him, relying solely connected the proposal made by the further manager wide (ADG) of constabulary connected March 6, 2025.He highlighted the lack of immoderate autarkic restitution oregon reasoning recorded by the disciplinary authorization earlier issuing the suspension order.Khan’s counsel further argued that portion Rule 29(1) of the UP Government Servants Conduct Rules, 1956, deems entering into a 2nd matrimony during the subsistence of the archetypal arsenic misconduct, simply maintaining a narration with different pistillate without formalising it into a 2nd matrimony does not interruption work rules.The suspension, according to the petitioner, was besides linked to an FIR lodged against him nether Section 69 of the Bharatiya Nyaya Sanhita (BNS) connected allegations of adultery oregon related misconduct. Khan has already challenged the FIR earlier the precocious court, which granted him interim extortion from the filing of a chargesheet successful December 2024.The tribunal took into relationship erstwhile judicial precedents, including the part seat ruling successful VN Daipuria vs State of UP and Shahjahan Khan vs State of UP, some of which clarified the threshold for defining “misconduct" successful idiosyncratic relationships of nationalist servants.On these grounds, the precocious tribunal recovered prima facie merit successful Khan’s contention and stayed the suspension bid until further directions. The authorities authorities has been asked to record a counter-affidavit wrong 4 weeks, and the lawsuit is adjacent listed for proceeding connected July 28, 2025.Location : First Published:News india ‘Affair Not Misconduct’: Allahabad High Court Stays Suspension Of Police Officer
Last Updated:May 15, 2025, 07:24 IST
The precocious tribunal recovered prima facie merit successful Mohammad Mohsin Khan’s contention and stayed the suspension bid until further directions
The petitioner contended that the authorities authorities acted mechanically portion suspending him, relying solely connected the proposal made by the further manager wide (ADG) of constabulary connected March 6, 2025. (Representative image)
The Allahabad High Court has stayed the suspension of a constabulary serviceman accused of being successful a narration with different pistillate contempt being married.
The seat of Justice Karunesh Singh Pawar, passing the bid connected May 9, stayed the suspension of Mohammad Mohsin Khan, a authorities servant, which was issued connected the ground of allegations that helium was successful a intersexual narration with different woman. The bid came successful effect to Khan’s petition challenging the legality of his suspension.
The petitioner contended that the authorities authorities acted mechanically portion suspending him, relying solely connected the proposal made by the further manager wide (ADG) of constabulary connected March 6, 2025.
He highlighted the lack of immoderate autarkic restitution oregon reasoning recorded by the disciplinary authorization earlier issuing the suspension order.
Khan’s counsel further argued that portion Rule 29(1) of the UP Government Servants Conduct Rules, 1956, deems entering into a 2nd matrimony during the subsistence of the archetypal arsenic misconduct, simply maintaining a narration with different pistillate without formalising it into a 2nd matrimony does not interruption work rules.
The suspension, according to the petitioner, was besides linked to an FIR lodged against him nether Section 69 of the Bharatiya Nyaya Sanhita (BNS) connected allegations of adultery oregon related misconduct. Khan has already challenged the FIR earlier the precocious court, which granted him interim extortion from the filing of a chargesheet successful December 2024.
The tribunal took into relationship erstwhile judicial precedents, including the part seat ruling successful VN Daipuria vs State of UP and Shahjahan Khan vs State of UP, some of which clarified the threshold for defining “misconduct" successful idiosyncratic relationships of nationalist servants.
On these grounds, the precocious tribunal recovered prima facie merit successful Khan’s contention and stayed the suspension bid until further directions. The authorities authorities has been asked to record a counter-affidavit wrong 4 weeks, and the lawsuit is adjacent listed for proceeding connected July 28, 2025.
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News india ‘Affair Not Misconduct’: Allahabad High Court Stays Suspension Of Police Officer
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