Court No. - 38 Case :- WRIT - A No. - 43330 of 2010 Petitioner :- Subhash Chand Yadav Respondent :- State Of U.P. And Others Petitioner Counsel :- Akhilanand Mishra Respondent Counsel :- C. S. C. Hon'ble Shishir Kumar,J.
Learned counsel for the petitioner states that the order of
suspension dated 03.07.2010 impugned in this writ petition has
been passed by Senior Superintendent of Police, Basti, in
purported exercise of power under Rule 17(1)(a) of U.P. Police
Officers of Subordinate Ranks (Punishment and Appeal) Rules,
1991, which provides that a police officer against whose conduct
an inquiry is contemplated or proceeded may be placed under
suspension.
He further submits that from a perusal of the aforesaid order,
Endorsement No.1 forwarding copy of the order, shows that the
Circle Officer, Sadar has been required to hold preliminary inquiry
in the matter and submit his report within 7 days meaning thereby
that no departmental inquiry is contemplated or pending at this
stage, but the respondent has directed the Circle Officer to conduct
a preliminary inquiry and during that period the petitioner has been
placed under suspension.
He placed reliance on a Full Bench Judgment of this Court in case
of State of U.P. Vs. Jay Singh Dixit and others, reported in ALR
1975, 64, wherein it was held that the inquiry means the formal
departmental inquiry and not a preliminary inquiry.
Learned Standing Counsel prays for and is allowed four weeks’
time to file a counter affidavit.
List after expiry of the aforesaid period.
Considering the above submissions, until further orders of this
Court, the order of suspension dated 03.07.2010 (Annexure-1 to
the writ petition) shall remain stayed.
Order Date :- 27.7.2010
Pr/-