Court No. - 38 Case :- WRIT - A No. - 37440 of 2010 Petitioner :- Sant Prasad H. C. Respondent :- State Of U.P. And Others Petitioner Counsel :- Akhilanand Mishra Respondent Counsel :- C. S. C. Hon'ble Shishir Kumar,J.
Learned counsel for the petitioner states that the order of suspension dated
21.05.2010 impugned in this writ petition has been passed by Senior
Superintendent of Police, Basti, 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.1 forwarding copy of the order, shows that the Circle Officer, Kalwari, has
been required to hold preliminary enquiry in the matter and submit his report
within 7 days meaning thereby that no departmental enquiry 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 enquiry and not a
preliminary enquiry.
Learned Standing Counsel prays for and is allowed four weeks’ time to file a
counter affidavit.
List after expiry of the aforesaid period.
Considering the above submissions, until further orders of this Court, the
order of suspension dated 21.05.2010 (Annexure-1 to the writ petition) shall
remain stayed.
Order Date :- 1.7.2010
NS