Court No. - 38 Case :- WRIT - A No. - 42348 of 2010 Petitioner :- Balbeer Singh Respondent :- State Of U.P. And Others Petitioner Counsel :- G. K. Singh,R. K. Singh,V. K. Singh Respondent Counsel :- C. S. C. Hon'ble Shishir Kumar,J.
Learned counsel for the petitioner states that the order of suspension dated
13.07.2010 impugned in this writ petition has been passed by Superintendent
of Police, Kanpur Nagarvin 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.2, forwarding copy of the order shows that the Circle Officer, Cantt
Kanpur Nagar has been required to hold preliminary enquiry in the matter and
submit his report within 86 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 13.07.2010 (Annexure 1 to the writ petition) shall remain
stayed.
Order Date :- 22.7.2010
Pr/-