Court Rules Suspension Order Invalid Due to Lack of Mandatory Affidavit and Specific Charges
In a significant judgment, the Allahabad High Court has set aside the suspension order against Neelav Shalya, an Executive Officer of Nagar Panchayat, Hardoi, due to procedural irregularities in the disciplinary process initiated by the State of Uttar Pradesh. The court observed that the mandatory affidavit, required to accompany complaints against government servants as per government orders, was absent. Additionally, the charge sheet did not specify any misconduct or acceptance of illegal gratification by Shalya.
Presiding over the case, Justice Pankaj Bhatia noted that the suspension order, dated June 17, 2026, was primarily based on a complaint registered on the Chief Minister's Portal. The complaint stemmed from a viral video purportedly showing Shalya accepting a bribe related to the supply of straw/fodder. However, the court found that the complaint lacked the necessary affidavit as mandated by government orders from August 1997 and January 2024.
The court further pointed out that the preliminary inquiry conducted by the Sub-Divisional Magistrate (SDM) did not conclusively verify Shalya's involvement in the alleged misconduct, stating only that it "appears" he was in the video. The charge sheet served to Shalya on July 2, 2026, also failed to explicitly charge him with misconduct, rendering the basis for his suspension insufficient.
Justice Bhatia emphasized that the procedural lapses, including the absence of a verified affidavit and specific charges, rendered the suspension order contrary to statutory guidelines. The court directed the state to expedite the disciplinary proceedings, ensuring they are concluded on their own merits and without being influenced by the observations made during the suspension challenge.
The judgment underscores the importance of adhering to procedural requirements in disciplinary actions against government officials, ensuring that such measures are based on solid legal grounds and respect the rights of the individuals involved.
Bottom line:-
Suspension order against a government servant set aside due to lack of mandatory affidavit accompanying the complaint and absence of specific charges in the charge sheet.
Statutory provision(s): Government Orders dated 01.08.1997, Government Orders dated 29.01.2024
Neelav Shalya v. State of U.P., (Allahabad)(Lucknow) : Law Finder Doc id # 2946768
