Uploading Poem Prima Facie Not Misconduct Warranting Suspension Under Rule 4 of UP Govt Servants Rules, Suspension Stayed: Allahabad High Court - 2025-09-02

Covering Law & Justice.

Allahabad High Court Stays Suspension of Govt Employee for Uploading Poem on Social Media

Lucknow: The Allahabad High Court has granted interim relief to a government employee, staying his suspension which was initiated after he allegedly uploaded a poem on social media. The Lucknow bench, presided over by Justice Manish Mathur, observed that prima facie, the petitioner's submissions had force and required further consideration.

The court stayed the suspension order dated July 7, 2025, but clarified that the departmental proceedings against the petitioner could continue.

Background of the Case

The petitioner, Vijay Prakashfees, challenged his suspension order in a writ petition, arguing that it was issued in contemplation of departmental proceedings. The core allegation against him was the act of uploading a poem on a social media platform, which he claimed to have subsequently deleted.

Arguments from Both Sides

Petitioner's Counsel: The primary argument for the petitioner was that the act of uploading a poem does not fall within the definition of 'misconduct' under the service rules. It was further contended that such an act would not justify a major penalty, rendering the suspension order a violation of Rule 4 of the Uttar Pradesh Government Servants (Discipline and Appeal) Rules, 1999.

State's Counsel: Opposing the plea, the learned State counsel informed the court that a charge sheet had already been issued to the petitioner. It was argued that the nature of the poem and its reach were matters for inquiry. The departmental proceedings would determine whether the poem was merely shared in a closed group or on a wider social media platform, and if its content amounted to a criticism of his superior officers.

Court's Prima Facie View and Order

After hearing the arguments, Justice Manish Mathur provided interim relief to the petitioner. The court noted that the petitioner's submissions held merit on a preliminary basis.

In its order, the court stated:

"Prima facie, submissions advanced by learned counsel for petitioner have force and require consideration for which opposite parties are granted four weeks' time to file a counter affidavit."

Final Decision and Implications

The High Court stayed the operation of the suspension order dated July 7, 2025, "until further order of this court." However, the court explicitly permitted the State to proceed with the departmental inquiry against the petitioner.

The respondents have been directed to file a counter-affidavit within four weeks. The case is scheduled to be heard next on October 15, 2025. This interim order raises important questions about the scope of misconduct for government employees and their right to expression on social media platforms.