'Government Servant Cannot Be Kept Under Suspension For Indefinite Period': Uttarakhand HC Quashes 5-Year Suspension

The Uttarakhand High Court has held that “a government servant cannot be kept under suspension for an indefinite period ”. The Court was dealing with a case where, subsequent to suspension, disciplinary proceedings against the petitioner included allegations of unauthorised absence and use of a forged Scheduled Tribe certificate to gain appointment.Observing that the petitioner had remained under suspension for nearly five years and that the disciplinary enquiry was not likely to conclude in the near future, the Court quashed the suspension order while permitting the disciplinary authority to continue with the enquiry.Justice Manoj Kumar Tiwari was dealing with a writ petition challenging a suspension order passed by the Senior Superintendent of Police, Udham Singh Nagar in July 2021. The petitioner challenged the suspension order mainly on the ground that indefinite suspension of a government servant is impermissible. According to the petitioner, the suspension order contained only one allegation, namely that he had remained unauthorizedly absent from duties after 13.06.2021.It was further contended that subsequently, a charge sheet dated 31.10.2025 was issued in which an additional allegation was introduced that the petitioner belonged to Other Backward Classes but had secured appointment on the basis of a forged Scheduled Tribe certificate. The petitioner argued that the suspension order had been passed in a casual manner without properly ascertaining the charges. It was further submitted that the allegation mentioned in the suspension order was itself insufficient for imposition of a major penalty and therefore an additional charge regarding fake caste certificate was later incorporated in the charge sheet. On instructions, the State informed the Court that the Senior Superintendent of Police, Udham Singh Nagar had written to the District Magistrate, Gorakhpur seeking a report of the Caste Scrutiny Committee regarding the Scheduled Tribe certificate possessed by the petitioner. The Court found substance in the submissions of the petitioner that “a government servant cannot be put under suspension for indefinite period”. “Petitioner was placed under suspension on 17.7.2021 and nearly five years have gone by since then. The disciplinary enquiry is not likely to be completed in near future, as SSP, Udham Singh Nagar has called report of the Caste Scrutiny Committee from District Magistrate, Gorakhpur, where petitioner belongs to”, the Court further said.Consequently, having regard to the facts and circumstances of the case, the Court allowed the writ petition and quashed the suspension order dated 17.07.2021.The Court directed the competent authority to pass a fresh order of posting in respect of the petitioner in any of the thirteen districts within the State. At the same time, liberty was granted to the disciplinary authority to proceed with and conclude the disciplinary enquiry as expeditiously as possible. Case No.: WPSS 887/2026Click Here To Read/Download Order

'Government Servant Cannot Be Kept Under Suspension For Indefinite Period': Uttarakhand HC Quashes 5-Year Suspension

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'Government Servant Cannot Be Kept Under Suspension For Indefinite Period': Uttarakhand HC Quashes 5-Year Suspension

Preet Luthra

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