Allahabad High Court High Court

Hari Ram Singh vs State Of U.P. Through Principal … on 29 July, 2010

Allahabad High Court
Hari Ram Singh vs State Of U.P. Through Principal … on 29 July, 2010
Court No. - 6

Case :- SERVICE SINGLE No. - 5186 of 2010

Petitioner :- Hari Ram Singh
Respondent :- State Of U.P. Through Principal Secy.Home Lucknow And
Ors.
Petitioner Counsel :- M.P.Yadav
Respondent Counsel :- C.S.C.

Hon'ble Shabihul Hasnain,J.

Heard Sri M.P.Yadav, learned counsel for the petitioner and learned Standing
counsel for the opposite parties.

Petitioner has been placed under suspension because he is committing
negligence in conducting the investigation of criminal Case No.208/2010
under Section 379 IPC. Petitioner says that Section-379 IPC is a matter
dealing with petty offence and any negligence in this regard will not result
into major penalty even if the negligence is proved. Accordingly, this Court
finds that it is a case where the petitioner should not have been placed under
unwarranted suspension.

Learned Standing counsel prays for and is granted four weeks for filing
counter affidavit. Rejoinder affidavit, if any, may be filed within a week
thereafter. List thereafter.

Meanwhile, the suspension order of the petitioner dated 7.7.2010, as
contained in annexure-1, shall remain stayed. However, the opposite parties
are free to conduct the inquiry in accordance with law.

Order Date :- 29.7.2010
RKM.