Court No. - 38 Case :- WRIT - A No. - 42183 of 2010 Petitioner :- Ajit Pratap Singh Respondent :- State Of U.P. And Others Petitioner Counsel :- Kailash Pandey Respondent Counsel :- C. S. C. Hon'ble Shishir Kumar,J.
Sri Kailash Pandey, learned counsel for the petitioner states that the order of
suspension dated 14.07.2010 impugned in this writ petition has been passed
by D.I.G./S.S.P. Kanpur Nagar 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.3, forwarding copy of the order shows that the Circle Officer, Swaroop
Nagar has been required to hold preliminary enquiry in the matter and submit
his report within eight 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 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 inquiry and not a preliminary enquiry.
Learned Standing counsel prays for and is allowed 4 weeks’ time to file
counter affidavit.
List thereafter.
Considering the above submissions, until further order, I direct that the order
of suspension dated 14.07.2010 (Annexure 1 to the writ petition) shall remain
stayed.
Order Date :- 21.7.2010
Pr/-