Court grants petitioner opportunity to prove innocence, orders enquiry to conclude within 15 days and suspension to be stayed pending outcome
In a significant judgment delivered on September 7, 2026, the Allahabad High Court, presided over by Justice Manju Rani Chauhan, addressed the suspension of Mohd. Anzar Ahmed, a government employee serving as an Incharge Headmaster. The petitioner challenged his suspension dated May 10, 2026, which was imposed on serious allegations of permitting certain religious activities, including Islamic prayers and distinctive uniforms among students, during his tenure.
Mohd. Anzar Ahmed contended that he was on sanctioned medical leave during the period when these activities were alleged to have taken place, thus questioning the validity of the charges against him. The petitioner's counsel submitted medical records and leave applications to support this claim, arguing that the suspension was not justified given the circumstances.
The court observed that the charges against the petitioner involved factual disputes which could not be adjudicated at the preliminary writ stage. Emphasizing the principle of natural justice, the court held that the petitioner must be afforded a fair opportunity to present his defense through a departmental enquiry process.
Accordingly, the court directed the respondents to conclude the departmental enquiry within 15 days from the date of the order and ordered that the suspension of the petitioner be kept in abeyance until the enquiry's conclusion. This means that the petitioner will not remain under suspension during the enquiry period and will be allowed to continue in service subject to the final outcome of the enquiry.
Furthermore, the court mandated that all relevant documents related to the charges be provided to the petitioner within three days to enable him to prepare his defense adequately.
This judgment underscores the judiciary's commitment to balancing the interests of the state with the fundamental rights of government employees, ensuring that disciplinary actions are not arbitrary and that due process is followed.
Bottom Line:
Suspension of a government employee pending departmental enquiry - Court directed that the enquiry be concluded at the earliest while keeping the suspension order in abeyance, granting the petitioner the opportunity to prove his innocence.
Statutory provision(s):
Service Law provisions relating to suspension and departmental enquiry (specific statutes not mentioned in the judgment)
Mohd. Anzar Ahmed v. Principal Secretary Basic Education, (Allahabad) : Law Finder Doc Id # 2978342
