HC stays suspension of ACP accused of sexual harassment
Lucknow: The Lucknow bench of
Allahabad high court
has stayed the
suspension of ACP
Kanpur, Mohd Mohsin Khan in connection with Kanpur IIT scholar's
sexual harassment case
. The bench has further directed the state government to file its reply in the matter and fixed July 28 as the next date of hearing.
A bench of justice KS Pawar passed the interim order on the writ petition filed by Khan challenging his suspension order.
In its order, the bench observed, "On due consideration to Rule 29(1) of the UP Government Servants Conduct Rules, 1956, the judgment passed in VN Daipuria case in 2015 and also the judgment rendered in Shahjahan Khan case in 2002, the operation of the impugned suspension order is stayed until further orders of the court." Arguing for the petitioner Khan, advocate LP Mishra said that ADGP had on March 6, 2025 given his recommendation for Khan's suspension without independent application of mind. He also disputed the charge that the petitioner had an illegal relationship with another woman. "Being in a sexual relationship with another woman despite being married does not constitute misconduct," the petitioner further pleaded. The petitioner's counsel further submitted that under Rule 29(1) of the UP government Servants Conduct Rules, 1956, entering into a second marriage during the subsistence of the first is deemed misconduct. "However, merely maintaining a relationship with another woman while still legally married does not amount to misconduct," he added. Considering the overall facts and circumstances, the bench asked the state to file its counter-affidavit, while passing the interim order staying the suspension of Khan.
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