Allahabad High Court
Pakhandu Ram And Others vs State Of U.P. And Others on 8 July, 2010
Author: Shishir Kumar
Bench: Shishir Kumar
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/-