City Magistrate, ADM, DM: Understanding District Power After The Bareilly Episode

Last Updated:January 28, 2026, 17:45 IST

Suspension of a PCS officer is a serious administrative action governed by the Uttar Pradesh Government Servants (Discipline and Appeal) Rules, 1999

The City Magistrate is a key functionary in district administration, vested with special executive powers. (AI-Generated Image)

The resignation of Bareilly’s City Magistrate, Abhishek Alankar, after openly expressing displeasure with the Uttar Pradesh government, has drawn attention not just because of the officer involved, but because of what followed. Instead of accepting the resignation, the state government placed the PCS officer under suspension, a move that has sparked questions about administrative hierarchy, disciplinary powers and the consequences of resignation versus removal.

The City Magistrate is a key functionary in district administration, vested with special executive powers. Under what circumstances can the government suspend a PCS officer, and what process follows such a decision?

There is a common perception that the City Magistrate is the second-most senior officer in a district. This, however, is incorrect. The District Magistrate (DM) heads the district administration, while the Additional District Magistrate (ADM) usually ranks second. Most districts have more than one ADM.

The City Magistrate’s role is limited to urban areas and municipal corporation limits. In administrative protocol, the post ranks below that of an ADM and is considered equivalent to, or marginally above, that of a Sub-Divisional Magistrate (SDM). Despite this, the City Magistrate exercises extensive authority on the ground, particularly in matters of law and order, removal of encroachments, and management of festivals and large public gatherings.

How and when can a PCS officer be suspended?

Suspension of a PCS officer is a serious administrative action governed by the Uttar Pradesh Government Servants (Discipline and Appeal) Rules, 1999. It is imposed only under specific circumstances.

An officer may be suspended in cases of gross misconduct, including grave negligence or disobedience of lawful orders. Suspension may also follow credible evidence of corruption, such as bribery or possession of assets disproportionate to known sources of income. Involvement in criminal acts that undermine the dignity of public office is another ground.

Under the rules, if an officer is detained in jail for more than 48 hours in a criminal case, it amounts to “deemed suspension". The government may also suspend an officer if it believes that continued posting could influence an investigation, tamper with evidence or affect witnesses.

What happens after suspension?

Suspension does not amount to dismissal. It is a temporary removal from active duty pending completion of an inquiry. Since PCS officers are under the state government, suspension orders are issued with the approval of the Appointments Department or the Chief Minister. During suspension, the officer does not draw full salary but is paid a subsistence allowance, generally equivalent to half the pay.

The officer is usually attached to another office, such as the Divisional Commissioner’s office or the Board of Revenue, and is not permitted to leave headquarters without prior permission. The government is required to issue a charge sheet within a prescribed period, detailing the allegations.

A senior officer, often a Commissioner or Secretary-level official, is appointed as the inquiry officer to conduct hearings and submit a report to the government.

What decisions can follow the inquiry?

Based on the inquiry report, the government may take one of three courses of action.

If the allegations are found to be baseless, the officer is reinstated with full back wages. In cases of lesser misconduct, minor penalties such as censure or withholding of promotion may be imposed. In serious cases, the government may order compulsory retirement, removal from service, or dismissal.

As the City Magistrate is a gazetted officer, the District Magistrate has no power to suspend him. The DM can only recommend suspension; the final decision rests with the state government.

Resignation versus Removal: What is the difference?

Abhishek Alankar submitted his resignation, but the government did not accept it and instead ordered his suspension. Resignation and removal carry very different legal and service consequences.

Resignation, when voluntarily tendered and accepted, is considered an honourable exit. The officer’s service record remains largely unaffected, and future eligibility for government employment is not automatically barred.

Removal or dismissal, however, is punitive and follows disciplinary proceedings. Removal technically leaves open a narrow possibility of future government employment, though this is rare. Dismissal results in complete disqualification from future government service.

What benefits are lost after removal or dismissal?

An officer who is removed or dismissed from service suffers significant loss of service benefits. Pension is forfeited, although in exceptional cases a compassionate allowance may be granted at the government’s discretion. Gratuity may be withheld or fully forfeited, unlike in cases of resignation where it is paid upon completion of the qualifying service period.

Leave encashment is generally denied in cases of dismissal. In addition, dismissed officers may be barred from holding future government posts, serving on official panels, or contesting elections. Government accommodation, honours, medals and all service-related privileges are withdrawn with immediate effect.

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