HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 12084 of 2025 Court No. - 32 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1. Heard Sri Upendra Upadhyay, learned counsel for petitioner and Sri Awadhesh Mishra, learned Standing Counsel for State. 2. It is not disputed that an FIR was lodged against the petitioner, a Doctor, being Criminal Case No. 219/2025, U/s 61(2)/308 BNS and 10/12/13 of Uttar Pradesh Public Examination (Prevention of Unfair Means) Act, 2024 and petitioner was arrested and put behind bars on 09.05.2025. Subsequently, vide an order dated 23.05.2025, he was released on bail by Sessions Judge, Etah. 3. It is further case of petitioner that thereafter petitioner has approached concerned respondents to join services, however, by impugned order dated 31.07.2025, petitioner was put under deemed suspension in terms of Section 4(3)(a) of U.P. Government Servants (Discipline and Appeal) Rules, 1999. 4. It has also been brought on record that subsequently on 10.09.2025, Appropriate Authority has granted sanction against petitioner to proceed against him under relevant provisions of U.P. Prevention of Corruption Act. 5. I find merit in argument of learned counsel for petitioner that deemed suspension would be passed as and when an employee is detained in custody, however, it has to be reconsidered on basis of representation after said employee is released from custody in terms of Rule 4(b) of Rules, 1999, therefore, order dated 31.07.2025 being passed subsequent to release of petitioner on bail is required to reconsider. 6. Learned counsel for respondents submits that impugned order does not disclose a fact that petitioner was released on bail before impugned order dated 31.07.2025 was passed and probably said fact was never brought into notice of concerned respondents. Versus Counsel for Petitioner(s) : Upendra Upadhyay Counsel for Respondent(s) : C.S.C. Dr. Rahul Varshney .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 7. Aforesaid submissions are opposed by learned counsel for petitioner. 8. Be that it may, at this stage, on basis of undisputed facts that an FIR was lodged against petitioner and he was arrested and later on released on bail, therefore, order dated 31.07.2025 whereby petitioner was put under deemed suspension has to be reconsidered in terms of Rule 4(b) of Rules, 1999. 9. Otherwise also, nothing has been brought on record whether concerned respondents have contemplated any disciplinary proceedings against petitioner, therefore, this writ petition is disposed of reserving an opportunity to petitioner to submit a representation within a 10 days from today and thereafter concerned respondents will pass an appropriate order in terms of Rule 4(b) of Rules, 1999. The respondents will also take a decision, if so advice, for initiation of disciplinary proceedings. October 8, 2025 N. Sinha WRIA No. 12084 of 2025 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad