Latest news with #UPGovernmentServantsConductRules
News18
15-05-2025
- Politics
- News18
‘Affair Not Misconduct': Allahabad High Court Stays Suspension Of Police Officer
Last Updated: The high court found prima facie merit in Mohammad Mohsin Khan's contention and stayed the suspension order until further directions The Allahabad High Court has stayed the suspension of a police officer accused of being in a relationship with another woman despite being married. The bench of Justice Karunesh Singh Pawar, passing the order on May 9, stayed the suspension of Mohammad Mohsin Khan, a government servant, which was issued on the basis of allegations that he was in a sexual relationship with another woman. The order came in response to Khan's petition challenging the legality of his suspension. The petitioner contended that the state government acted mechanically while suspending him, relying solely on the recommendation made by the additional director general (ADG) of police on March 6, 2025. He highlighted the absence of any independent satisfaction or reasoning recorded by the disciplinary authority before issuing the suspension order. Khan's counsel further argued that while Rule 29(1) of the UP Government Servants Conduct Rules, 1956, deems entering into a second marriage during the subsistence of the first as misconduct, merely maintaining a relationship with another woman without formalising it into a second marriage does not violate service rules. The suspension, according to the petitioner, was also linked to an FIR lodged against him under Section 69 of the Bharatiya Nyaya Sanhita (BNS) on allegations of adultery or related misconduct. Khan has already challenged the FIR before the high court, which granted him interim protection from the filing of a chargesheet in December 2024. The court took into account previous judicial precedents, including the division bench ruling in VN Daipuria vs State of UP and Shahjahan Khan vs State of UP, both of which clarified the threshold for defining 'misconduct" in personal relationships of public servants. On these grounds, the high court found prima facie merit in Khan's contention and stayed the suspension order until further directions. The state government has been asked to file a counter-affidavit within four weeks, and the case is next listed for hearing on July 28, 2025. First Published: May 15, 2025, 07:24 IST
Time of India
12-05-2025
- Politics
- Time of India
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.
Hindustan Times
12-05-2025
- Politics
- Hindustan Times
Allahabad HC stays suspension of Kanpur ACP in sexual harassment case
Lucknow, The Allahabad High Court on Monday stayed the suspension of Assistant Commissioner of Police Kanpur Mohammad Mohsin Khan in a sexual harassment case. Justice K S Pawar of the Lucknow bench of the high court further directed the state government to file its reply and posted the matter on July 28. The interim stay came on Khan's plea challenging his suspension order. 'On due consideration to Rule 29 of the UP Government Servants Conduct Rules, 1956, the judgment passed in V N Daipuria case in 2015 and also the judgment rendered in Shahjahan Khan case 2002 the operation of the impugned suspension order is stayed until further orders of the court,' the order said. Khan's counsel L P Mishra said the additional director general of police on March 6 gave his recommendation for Khan's suspension without an independent application of mind. He also disputed the charge of his client having an affair with the complainant woman and argued, "Being in a sexual relationship with another woman despite being married does not constitute misconduct." The petitioner's counsel submitted that under Rule 29 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 stressed. The high court in December last year protected the officer from arrest. A scholar at IIT Kanpur alleged Khan, also pursuing in criminology at the institute, sexually exploited her on the false promise of marriage. On December 12, 2024, an FIR was lodged against Khan, a 2013-batch Provincial Police Service officer, at Kalyanpur Police Station on charges of sexual relationship with a woman using deceitful means.
