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Allahabad High Court Stays Suspension Of Govt Officer Accused Of Posting Poem On WhatsApp Criticising Superiors

 

Allahabad High Court  https://www.livelaw.in/high-court/allahabad-high-court/allahabad-high-court-stays-suspension-block-education-officer-poem-whatsapp-criticising-superiors-303955

The Allahabad High Court granted interim relief to a Block Education Officer (BEO), Vijay Prakash, who had been suspended on allegations that he posted a poem in a WhatsApp group which purportedly criticised his superiors. The suspension order dated July 7, 2025 was challenged in the High Court on the grounds that merely uploading a poem cannot amount to misconduct warranting suspension, and even if it did, such action could not justify a severe penalty like suspension without proper justification. The Court observed that the submissions made by the officer were prima facie credible and merited serious consideration.

A Bench headed by Justice Manish Mathur stayed the impugned suspension order for four weeks, directing the State authorities to file their counter-affidavit within that period. The judge clarified that while the suspension is stayed, the departmental inquiry or proceedings into the matter may continue in accordance with law.

The poem in question included the lines: “तुम जानते हो डिप्टी का अरमान दोस्तों… इस तरह चलाते हैं फरमान दोस्तों” (“You know well the Deputy’s desire, my friends… And this is how they issue their orders, my friends”). This poem was posted in a WhatsApp group, after which the suspension order was issued. The petitioner, represented by Advocate Vinay Misra, argued that the poem did not violate Rule 4 of the Uttar Pradesh Government Servants (Discipline and Appeal) Rules, 1999, or that the rule was being misapplied, since criticism of superiors via a poem, especially in a closed group, does not automatically amount to misconduct justifying suspension.

In reply, the State contended that a charge sheet had already been issued, and that the question of whether the poem was posted in a closed group or more publicly, and whether it constituted criticism or defamation or misconduct, was relevant. The Court observed that these contentions must be addressed before any final action is taken. The Court thus directed both sides to prepare their pleadings, responses, and arguments, and adjourned the matter for further hearing on October 15, 2025.

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