Court No. - 38 Case :- WRIT - A No. - 40175 of 2010 Petitioner :- Chandrika Prasad Sharma Respondent :- State Of U.P. And Others Petitioner Counsel :- R. M. Saggi Respondent Counsel :- C. S. C. Hon'ble Shishir Kumar,J.
Learned counsel for the petitioner states that the order of
suspension dated 17.06.2010 impugned in this writ petition has
been passed by DIG,Gorakhpur, 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 the Superintendent of Police, Gorakhpur
has been required to hold preliminary enquiry in the matter and
submit his report within 7 days meaning thereby that no
departmental enquiry is contemplated or pending at this stage, but
the respondent has directed the Superintendent of Police,
Gorakhpur to conduct a preliminary enquiry 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 enquiry means the formal
departmental enquiry and not a preliminary enquiry.
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 17.6.2010 (Annexure-8 to the
writ petition) shall remain stayed.
Order Date :- 13.7.2010
V.Sri/-