Allahabad High Court
H. C. P. 23, A.P. Preetam Singh And Others vs State Of U.P. And Others on 1 July, 2010
Author: Shishir Kumar
Bench: Shishir Kumar
Case :- WRIT - A No. - 26364 of 2010 Petitioner :- H. C. P. 23, A.P. Preetam Singh And Others Respondent :- State Of U.P. And Others Petitioner Counsel :- Ramesh Kumar,Amit Saxena Respondent Counsel :- C. S. C. Hon'ble Shishir Kumar,J.
Heard Sri Amit Saxena, learned counsel for the petitioners and learned Standing Counsel.
Petitioners being a constable have been suspended pending enquiry. Learned counsel for the petitioners submits that charges levelled against the petitioners are not such which can lead to major punishment like termination, removal or dismissal, therefore, the order of suspension is not warranted.
I have considered the submissions of the learned counsel for the petitioners and perused the record. It is a case of suspension pending enquiry, therefore, normally this Court does not interfere in the case of suspension unless and untill, it is proved that no enquiry is contemplated or pending, but in the present case, enquiry is contemplated. Therefore, it will not be appropriate for this Court to interfere with the order of suspension. However, in the facts and circumstances of the present case, it will be appropriate that the disciplinary enquiry against the petitioners be completed within a period of two months after affording full opportunity to the petitioners, in case petitioners co-operate with the enquiry.
The writ petition is disposed of accordingly.
No order as to costs.
Order Date :- 1.7.2010 Sazia