Court directs reinstatement and expedited disciplinary inquiry for officer accused of unauthorized absence and possessing forged caste certificate.
In a significant ruling, the Uttarakhand High Court has quashed the prolonged suspension of Nagendra Pratap, a government servant, who had been under suspension for nearly five years. The decision, delivered by Justice Manoj Kumar Tiwari, underscores the principle that a government servant cannot be kept under suspension for an indefinite period, particularly when the disciplinary inquiry is not expected to conclude within a reasonable timeframe.
Nagendra Pratap, the petitioner, was initially suspended by the Senior Superintendent of Police, Udham Singh Nagar, on July 17, 2021. The suspension was based on allegations of unauthorized absence from duty. Subsequently, in a charge sheet issued on October 31, 2025, an additional allegation was made, accusing Pratap of securing his appointment by using a forged caste certificate that falsely identified him as belonging to a Scheduled Tribe.
The petitioner’s legal counsel, Mr. Paritosh Dalakoti, argued that the suspension was imposed in a casual manner without proper assessment of the charges and emphasized that the initial charge did not warrant a major penalty, leading to the subsequent addition of the fake caste certificate charge.
The State's Deputy Advocate General, Ms. Mamta Bisht, informed the court that a letter had been sent by the SSP, Udham Singh Nagar, to the District Magistrate, Gorakhpur, seeking a report from the Caste Scrutiny Committee regarding the authenticity of the petitioner's Scheduled Tribe certificate.
After considering the submissions, the court found merit in the petitioner's contention. It noted that nearly five years had elapsed since the suspension, with no conclusion to the disciplinary inquiry in sight. The court ordered the suspension to be quashed and directed the competent authority to issue a fresh posting order for the petitioner within any of the 13 districts in the state. However, it allowed the disciplinary authority to proceed with the inquiry and conclude it expeditiously.
This judgment highlights the judiciary's role in ensuring fairness and timeliness in administrative actions and disciplinary proceedings, reinforcing the rights of government employees against indefinite suspension.
Bottom line:-
A government servant cannot be kept under suspension for an indefinite period, especially when the disciplinary inquiry is not likely to be concluded within a reasonable timeframe.
Statutory provision(s): The judgment does not specify particular statutory provisions but emphasizes principles of administrative fairness and timeliness in disciplinary proceedings.
Nagendra Pratap v. State of Uttarakhand, (Uttarakhand) : Law Finder Doc id # 2901934
