Personal Criminal Case No Grounds for Suspension Without Departmental Probe: Gujarat HC Orders Reinstatement

The Gujarat High Court has delivered a significant ruling on public service employment, clarifying that a government employee cannot be kept off duty solely due to a personal criminal case if no departmental inquiry has been initiated. Overturning a single-judge order, a division bench directed state authorities to reinstate a police department clerk within four weeks after he was removed following his wife’s suicide.

High Court Reverses Order After Trial Delays Reinstatement

The case centres on a police clerk whose wife, a head constable, took her own life following domestic disputes. Following her death, police booked the clerk under Section 306 of the Indian Penal Code for abetment of suicide. Based on the ongoing criminal case, state authorities removed the clerk from his position while he was still serving his probation period.

The employee submitted a formal representation for reinstatement on 8 October 2024. When authorities failed to take action, he moved the High Court. Advocate Jeet Patel, representing the petitioner, argued that the alleged offence was completely unrelated to his official duties. However, a single-judge bench initially refused interim relief citing the pending criminal trial, prompting the clerk to file a Letters Patent Appeal (LPA).

Absence of Departmental Probe Proves Decisive

During the appeal hearing, the division bench noted that while the criminal trial under Section 306 remains ongoing, the state government had not initiated any departmental proceedings against the employee.

The court held that in the absence of a departmental inquiry, a criminal charge arising purely out of personal life cannot justify blocking an employee from performing his duties as a clerk. Consequently, the division bench ordered the state authorities to reinstate the clerk within four weeks and allow him to resume his official work.

Reinstatement Subject to Final Criminal Trial Verdict

The High Court clarified that the clerk's reinstatement remains strictly provisional and subject to the final outcome of the criminal trial.

If the trial court eventually convicts the petitioner, his employment will terminate automatically under applicable service laws. With these directives, the division bench officially disposed of the Letters Patent Appeal.