Allahabad High Court
Jitenda Singh vs State Of U.P. And Others on 1 July, 2010
Author: Shishir Kumar
Bench: Shishir Kumar
Court No. - 38 Case :- WRIT - A No. - 37572 of 2010 Petitioner :- Jitenda Singh Respondent :- State Of U.P. And Others Petitioner Counsel :- Vijay Gautam Respondent Counsel :- C.S.C. Hon'ble Shishir Kumar,J.
Learned counsel for the petitioner states that the order of suspension dated 25.05.2010 impugned in this writ petition has been passed by Senior Superintendent of Police, Bulandshahar 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, has been required to hold preliminary enquiry in the matter and submit his report within 7 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 25.02.2010 (Annexure 1 to the writ petition) shall remain stayed.
Order Date :- 1.7.2010 Pr/-