Court No. - 38 Case :- WRIT - A No. - 39249 of 2010 Petitioner :- Pakhandu Ram And Others Respondent :- State Of U.P. And Others Petitioner Counsel :- Vijay Gautam Respondent Counsel :- C.S.C. Hon'ble Shishir Kumar,J.
Heard learned counsel for the petitioners and learned Standing
Counsel.
Petitioners state that the order of suspension dated 02.07.2010
passed by the Superintendent of Police, Railways, Allahabad is
purported exercise of powers under Rule 17(1) of the U.P. Police
Officer of subordinate ranks (Punishment and Appeal) Rules,
1991, which provides that a Police Officer against whom an
inquiry is contemplated or proceeded may be placed under
suspension. Further submission is that one Circle Officer will hold
the preliminary inquiry into the matter will report within seven
days.
Learned counsel for the petitioners submits that from the record it
appears that no inquiry against the petitioners is pending. He
placed reliance on a Full Bench Judgment of this Court in case of
State of U.P. vs. Jai Singh Dixit and others, reported in ALR
1975 , 64 wherein it was held that the inquiry means the formal
departmental inquiry and not a preliminary inquiry.
Learned Standing Counsel prays for and is allowed four wees time
to file a counter affidavit.
Considering the above submission, until further order, I direct that
the order of suspension dated 02.07.2010 (Annexure No.1 to the
writ petition) shall remain stayed. However, it is open to the
respondents to proceed with the inquiry.
Order Date :- 8.7.2010
Pr/-