Big Relief! High Court Halts Dept Action Against Suspended Govt Officer Till Criminal Trial Ends

The petitioner was a government servant, but due to a deemed suspension upon incarceration in Case Crime No. 334/ 2018 under Section 364, 302, 201 IPC, she was suspended under Rule 4(3)A of the U.P. Government Servant (Discipline and Appeal) Rules, 1999. She was reinstated in 2019 since criminal proceedings were expected to take a long time. Thereafter, on 19.09.2022, the authority put a stay on the departmental inquiry as the proceedings were overlapping with the allegations and evidence of the criminal case.

There were various fresh orders passed against her, including the suspension order dated 01.05.2023, the order regarding re-initiation of inquiry passed on 02.11.2023, and the order rejecting representation by Petitioner against continuing departmental proceedings dated 03.12.2023. All these orders were challenged on the ground that they gave no reason for taking a contrary view from earlier decisions.

Issue Raised: Whether departmental proceedings could be re-initiated when charges and evidence are identical to pending criminal proceedings, and without recording reasons for reversal of earlier stand.

HC’s Order: The Hon’ble Court observed that there was a prima facie case made out and there was force in the petitioner’s submissions which required consideration. The Hon’ble HC granted three weeks’ time to the respondents to file a counter-affidavit. Listing the matter on 25.09.2025, the Court stayed the re-initiated departmental proceedings dated 02.11.2023 until further orders.

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