The court also said that “this case does not fall in the category of gross misconduct,” and instructed the state government to file its reply within four weeks.
Extra-Marital Affair Not a Violation of Service Rules: High Court Gives Relief to IPS Officer Accused of Sexually Harassing IIT Kanpur Student
Lucknow: The Allahabad High Court temporarily stayed the suspension of IPS officer Mohsin Khan, who was accused of sexually harassing a student from IIT Kanpur. The court noted that having a relationship with another woman while being married does not fall under the category of serious misconduct as per government service rules.
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The Lucknow Bench of the Allahabad High Court, while granting temporary relief to the officer, stated that “having a relationship with another woman while being married does not fall under the category of gross misconduct,” and hence, the officer’s suspension needs further judicial review.
The court also said that “this case does not fall in the category of gross misconduct,” and instructed the state government to file its reply within four weeks.
The next hearing is scheduled for July 28, 2025.
This order was passed by a single-judge bench of Justice Krishan Singh Pawar while hearing the petition filed by Mohsin Khan. He had been suspended over allegations of sexually harassing an IIT Kanpur student.
Senior advocate L.P. Mishra, appearing for Khan, argued that the suspension order issued by the ADG (Additional Director General) on March 6, 2025, was not in line with the applicable rules.
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He argued that the action was taken under the wrong provision.
“The suspension order issued by the ADG on March 6, 2025, is not in accordance with the applicable rules.”
It was also said that Mohsin Khan was suspended due to allegations of maintaining a sexual relationship with another woman, but such conduct does not qualify as gross misconduct under government service rules. According to Rule 29 of the Uttar Pradesh Government Servants Conduct Rules, 1956, a government employee cannot marry another woman while his first wife is alive, unless permitted legally.
However, “having a sexual relationship with another woman” is not directly classified as gross misconduct.
The court examined this point carefully and decided that “this case does not fall in the category of gross misconduct” and hence stayed his suspension for the time being.
The complaint against Mohsin Khan was made by an IIT student and a case was filed at the Kalyanpur police station in Kanpur on December 12, 2024. The FIR alleged that Khan continued a sexual relationship with the student for several months under the false promise of marriage.
“Mohsin Khan had sexually harassed the student by luring her with a false promise of marriage for several months.”
Following this complaint, the state government suspended Mohsin Khan.
