Allahabad: The Allahabad High Court has delivered a significant order staying the suspension of a police official accused of maintaining a relationship with another woman while being legally married.
Justice Karunesh Singh Pawar issued the stay on the suspension order of Mohammad Mohsin Khan, noting important legal considerations regarding misconduct allegations and procedural requirements.
The court was hearing a writ petition filed by Mohammad Mohsin Khan challenging his suspension order. The petitioner argued that “the impugned suspension order has been passed mechanically by the State Government solely on the basis of the recommendation dated 06.03.2025 of the Additional Director General of Police, without any independent application of mind.”
A key contention raised by the petitioner was that “being in a sexual relationship with another woman despite being married does not constitute misconduct.” The petitioner’s counsel pointed out that while Rule 29(1) of the U.P. 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 while still legally married does not amount to misconduct.
The court noted that an FIR (No. 570/2024) under Section 69 of the BNS had previously been lodged against the petitioner, which he had challenged through Criminal Misc. Writ Petition No. 23395 of 2024. A Division Bench had already stayed the filing of the charge sheet in that matter on 19.12.2024.
After considering Rule 29(1) of the U.P. Government Servants Conduct Rules, 1956, and relevant precedents, including the judgments in V.N. Daipuria vs. State of U.P. and Others and Shahjahan Khan vs. State of U.P. and Others, the court decided to stay the operation of the suspension order until further notice.
The court directed the Standing Counsel to file a counter affidavit within four weeks and allowed the State to file a rejoinder affidavit within two weeks thereafter.
The case is scheduled to be heard next on 28.07.2025.
Case Title: Mohammad Mohsin Khan vs. State of U.P. Through Principal Secretary, Department of Home, Lucknow and 3 Others.
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