Court No. - 38 Case :- WRIT - A No. - 42174 of 2010 Petitioner :- Mahendra Singh Respondent :- State Of U.P. And Others Petitioner Counsel :- Vijay Gautam Respondent Counsel :- C. S. C. Hon'ble Shishir Kumar,J.
Sri Vijay Gautam, learned counsel for the petitioner states that the
order of suspension dated 27.06.2010 impugned in this writ
petition has been passed by Superintendent of Police, Kanshi Ram
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.2, forwarding copy of the order shows that the
Circle Officer, Sahawar, Kanshi Ram Nagar has been required to
hold preliminary enquiry in the matter and submit his report within
fifteen 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 27.06.2010 (Annexure 1 to the writ
petition) shall remain stayed.
Order Date :- 21.7.2010
Pr/-