All HC | Suspension of employee incarcerating in jail revoked on grant of bail

Allahabad High Court: This petition was filed before the Bench of Ashwani Kumar Mishra, J. against the order passed by the State Government whereby petitioner was suspended due to the fact that he was incarcerated in jail.

Petitioner contended that he had already been enlarged on bail and thereby there remains no reason to keep him suspended i.e. the ingredients to continue his suspension under Rule 4(3)(a) of the U.P. Government Servant (Conduct & Appeal) Rules, 1999 ceased. Also, there was no charge sheet served upon petitioner. Petitioner relied on the case of Ajay Kumar Choudhary v. Union of India, (2015) 7 SCC 291 where it was settled that suspension should not be allowed beyond a reasonable period.

High Court was of the view that petitioner was suspended under Rule 4(3)(a) of the Rules due to his incarceration in jail and since he was enlarged upon bail and the factual position was changed, thus, suspension order could not have passed after his release. Therefore, petitioner’s suspension order was quashed. [Awadhesh Kumar Yadav v. State of U.P., 2019 SCC OnLine All 68, order dated 10-01-2019]

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