Allahabad High Court Says Delay on Deemed-Suspension Review Can Amount to Malice in Law

The Allahabad High Court held that the competent authority must expressly and consciously decide a government servant's representation seeking revocation of deemed suspension after release from custody.

Background and legal issue

Rule 4(3)(b) of the Uttar Pradesh Government Servant Discipline and Appeal Rules creates a mandatory decision-making obligation Deemed suspension does not automatically end on release, but its continuation cannot simply be left unattended Unexplained delay in deciding the representation can indicate malice in law because statutory discretion is being withheld rather than exercised

Reasoning and significance

The ruling requires authorities to review continued suspension through a reasoned decision instead of allowing an automatic status to persist indefinitely without administrative consideration.

The legal effect is confined to the operative ruling or procedural development. Allegations and party submissions are not treated as established facts unless the court expressly decided them.