In a major development, Ministry of Home Affairs (MHA), Government of India (GoI) by an order has asked the Chhattisgarh Government to revoke the suspension of 1988-batch Indian Police Service (IPS) officer Mukesh Gupta, with immediate effect.

However, the timing of decision for revoking suspension of IPS Mukesh Gupta is very peculiar, since he is due for his retirement on September 30, 2022. A copy of the order, dated September 16, 2022 and undersigned by Sanjeev Kumar, Under Secretary to the Government of India, has been exclusively accessed by ‘The Hitavada’.

“A copy of the order may please be served on Mukesh Gupta and dated acknowledgement received from him, may please be forwarded to this ministry,” reads a note in the order copy, also forwarded to Chief Secretary, Government of Chhattisgarh.

Similarly, the copies of the order have also been earmarked to Senior PPS, Home Secretary, Vigilance Cell (MHA) and others, which is detailed in 3 pages and well elaborated through 14 points.

It is pertinent here to recall that IPS Mukesh Gupta along with another junior IPS Rajnesh Singh were placed under suspension on February 9, 2019 by Congress-led State government on the charges of illegal phone tapping and destroying of evidence during their probe into the multi-crore PDS scam which took place in Food and Civil Supplies Department during the previous BJP-ruled Govt in Chhattisgarh.

It had been over since the officer was placed under suspension in terms of Rule 3(1) of the All India Service (AIS) (D&A) Rules, 1969, even as the cam was unearthed by the Anti-Corruption Bureau (ACB) spearheaded by Gupta.

Most importantly, the penultimate 13th point in the order copy clearly says, “The competent authority, as in referred to MHA, has observed that it would be not justifiable to keep Mukesh Gupta under suspension,” keeping in view the appeal of the officer dated May 3, 2019 and representation dated August 17, 2022 wherein comments were received from State Government vide letter dated June 1, 2022, Court orders relevant records and facts and circumstances of the case. Subsequently, in the point 14 of the order copy, it reads that the competent authority citing its power under the provisions contained under Rule 16, 19 (2) and 24-1 of the AIS (D&A) Rules, 1969 and powers vested in the Central Government under these rules, accordingly ordered to revoke the suspension of Mukesh Gupta with immediate effect. “On examination of the matter, the Ministry has noted that all criminal matters and disciplinary proceedings have been stayed by the courts/tribunals and Mukesh Gupta is under suspension since February 9, 2010 while no progress has been made in the cases registered against him,” reads the point 12 of the order copy. The order copy also pointed out that Mukesh Gupta in his representation dated August 17, 2022 stated that he is under suspension for about 3 and half years, all the FIRs registered against him have been stayed by the Supreme Court and Central Administrative Tribunal (CAT), Jabalpur Bench vide order dated July 12, 2019 has stayed the disciplinary proceedings initiated against him by the State Government. In this regard, the officer during his representation dated August 17, enclosed relevant records such as copies of relevant court orders, note sheets of he State Government files, etc. in support of his contentions. The representation – review application – was submitted to the Ministry under 24-A of the AIS (D&A) Rules, 1969. In the copy of order, the MHA also highlighted that it has taken into consideration the entire chronology of the suspension case of Mukesh Gupta, including the charges that Mukesh Gupta and one of his subordinates tampered with the evidence in the PDS scam case, followed by initiation of disciplinary proceedings against him on March 6, 2019, under Rule 8 of the AIS (D&A) Rules, 1969. Subsequently, the State Government in submission of its comment on the appeal of Mukesh Gupta indicated that 3 FIRs are lodged against the officer, which justify his suspension and that the State Government acted as per rules in issuing suspension and extension of suspension orders. The MHA also took a due note of state government’s apprehension that the investigation of the cases against may get affected if suspension of Mukesh Gupta is revoked. “Suspension was engineered with malice as is clear by one day false enquiry of Feb 5, 2019 on the basis of extorted oral statements of a head constable and one inspector, who resiled the next day. The note-sheet exposes the conspiracy. I had exposed the corruption and so I was persecuted and harassed. The corrupt officers continue to be under tremendous pressure despite criminal mechanizations to save their own selves,” said IPS officer Mukesh Gupta in his reaction while talking to ‘The Hitavada’ over phone