In a relief to Uttar Pradesh Police officer of DSP rank, Mohammad Mohsin Khan, the Allahabad High Court has stayed the State Government’s suspension order issued against him on allegations of being in an extramarital relationship despite being legally married.
Background
The case concerns petitioner Mohd. Mohsin Khan, who challenged his suspension order issued by the State Government on the basis of a recommendation dated 06.03.2025 from the Additional Director General of Police. The suspension was based on allegations that the petitioner, while legally married, was involved in a sexual relationship with another woman.
An FIR (No. 570/2024) was also registered against him under Section 69 of the Bharatiya Nyaya Sanhita (BNS). The petitioner had challenged the FIR by filing Criminal Misc. Writ Petition No. 23395 of 2024, in which a Division Bench of the Court passed an interim order dated 19.12.2024, staying the filing of the chargesheet.
Petitioner’s Submissions
Appearing on behalf of the petitioner, Advocates L.P. Mishra and Prafulla Tiwari submitted that the impugned suspension order (Annexure No. 1) was passed mechanically, solely based on the police recommendation, without independent application of mind by the State Government.
It was contended that under Rule 29(1) of the U.P. Government Servants Conduct Rules, 1956, misconduct is established only if a government servant enters into a second marriage while the first marriage is still subsisting. The petitioner had not remarried, and thus his alleged relationship did not fall under the definition of misconduct.
It was further argued that the disciplinary authority failed to record any independent satisfaction and that the nature of the allegations would not warrant imposition of a major penalty.
Court’s Observations and Order
Justice Karunesh Singh Pawar, after examining the records and relevant rules, referred to the judgment dated 27.10.2015 in V.N. Daipuria vs. State of U.P. and Others and the decision in Shahjahan Khan vs. State of U.P. and Others, 2002 SCC OnLine All 46. Relying on these precedents, the Court noted that:
“Merely maintaining a relationship with another woman while still legally married does not amount to misconduct.”
Accordingly, the High Court stayed the operation of the impugned suspension order until further orders.
The Court directed the State to file a counter affidavit within four weeks, and allowed the petitioner to file a rejoinder within two weeks thereafter. The matter is listed for the next hearing on 28.07.2025.
Case Title: Mohd. Mohsin Khan vs. State of U.P. Through Principal Secretary, Department of Home, Lucknow and Others
Case No.: Writ – A No. 5129 of 2025
Bench: Justice Karunesh Singh Pawar
Counsel for Petitioner: Shri L.P. Mishra, Shri Prafulla Tiwari
Counsel for Respondents: Chief Standing Counsel (C.S.C.)
