Legal Update: Reinstatement and Departmental Proceedings of Government Servant

In a recent case, a petitioner, a government servant, faced significant legal challenges due to her incarceration in Case Crime No. 334/2018. This case involved serious charges under Sections 364 and 302 of the Indian Penal Code (IPC), which led to her deemed suspension in accordance with Rule 4(3)A of the U.P. Government Servant (Discipline and Appeal) Rules, 1999.

Background

The petitioner was suspended from her duties while criminal proceedings were ongoing. Following a prolonged duration of the legal process, she was reinstated in 2019. However, on September 19, 2022, the departmental inquiry into her case was put on hold by the authorities, as it was found that the departmental inquiries were overlapping with the criminal allegations.

In the interim, several orders regarding her employment status were issued, including:

• Suspension Order: Dated May 1, 2023
• Re-initiation of Inquiry: Passed on November 2, 2023
• Rejection of Representation: Against the continuation of departmental proceedings, dated December 3, 2023

These orders were contested by the petitioner on the grounds that they failed to provide justifications for deviating from previous decisions.

Issue Raised

The key issue presented before the court was whether departmental proceedings could be re-initiated in cases where charges and evidence mirrored those in ongoing criminal proceedings, especially when the authority had not recorded reasons for reversing its earlier stance.

High Court's Order

The Hon’ble High Court acknowledged that a prima facie case had been established and recognized the validity of the petitioner’s arguments. Consequently, the court granted the respondents a three-week period to submit a counter-affidavit. Furthermore, it scheduled the next court appearance for September 25, 2025, and issued a stay on the re-initiated departmental proceedings from November 2, 2023, until further notice.

For those interested in more detailed information or the full judgment, the PDF document can be downloaded from the link below:

This case highlights the complexities involved in the enforcement of disciplinary actions against government servants while they are concurrently facing criminal charges, reinforcing the need for transparent justifications in administrative decisions.