Allahabad High Court Stays UP Govt's Order Suspending DSP On Allegations Of Having An Extramarital Affair

Khan, who is also facing an FIR under Section 69 BNS [Sexual intercourse by employing deceitful means, etc] lodged by an IIT-Kanpur student, was suspended in March this year.

Challenging the suspension order, Khan moved the HC, wherein his counsel argued that the impugned order was passed mechanically by the UP Govt solely based on the recommendation of the Additional Director General of Police without any independent application of mind.

It was also argued that the only charge against him is having an extramarital affair, which he does not admit; however, even if the same is assumed to be true, it would not constitute 'misconduct' under Rule 29(1) of the UP-Government Servants Conduct Rules, 1956.

It was categorically submitted that while entering into a second marriage during the subsistence of the first is deemed misconduct, merely maintaining a relationship with another woman while still legally married does not amount to such 'misconduct'.

Lastly, it was also apprised to the bench that the High Court has already stayed the ongoing investigation as well as the filing of the charge sheet against Khan in the FIR in question.

Against this backdrop, and considering Rule 29(1) of the 1956 Rules, the High Court's 2015 judgment in V.N. Daipuria vs. State of U.P. and Others [holding that the power of suspension cannot be exercised merely on recommendation, and the Appointing Authority is required to apply its own independent mind], as well as the High Court's 2002 judgment in Shahjahan Khan vs. State of U.P. and Others [holding that merely because a man lived with a woman, it does not imply that he is married to her], the bench of Justice Karunesh Singh Pawar stayed the operation of the impugned suspension order until further orders.

The Court also directed the Standing Counsel to file a counter-affidavit in the matter within four weeks. The matter has now been listed for hearing next on July 28, 2025.

Advocate Lalta Prasad Misra, assisted by Advocate Prafulla Tiwari, appeared for the petitioner