Court No. - 58
Case :- WRIT - A No. - 17857 of 2018 Petitioner :- Veer Raj Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vijay Gautam,Atipriya Gautam,Devesh Mishra Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
An order of suspension dated 02.06.2018 is assailed in this petition. The petitioner is a Sub Inspector in U.P. Police and the allegation in the order of suspension is that he had not properly conducted investigation in Case Crime No. 85 of 2018, under sections 364, 341, 323, 04 & 506 IPC, Police Station – Etmadpur, District – Agra. The order is challenged on the ground that preliminary inquiry has also been ordered on the same day and therefore, while facts are yet to be ascertained by the authorities, an order of suspension could not be passed. It is also submitted that ordering of preliminary inquiry in the matter would clearly show that no credible material exists before the authority to pass an order of suspension. Reliance is placed upon a judgment of this Court in Writ A No. 67364 of 2013 (Sudhir Kumar Pandey Vs. State of U.P. and Another) decided on 10.12.2013 and a circular dated 14.07.2015.
Learned standing counsel submits that the authorities be permitted to re-consider the matter.
In the facts and circumstances of this case, noticed above, this Court finds that passing of order of suspension in routine and mechanical manner by the authorities leaves much to be desired. Not only such order is contrary to law laid down by this Court, but is also in teeth of the circular issued by the Police Headquarters.
In similar circumstances, another writ petition has been fixed for being heard on 28.08.2018, in which affidavit of Additional Chief Secretary of the State has also been called for.
Let this matter also appear on 28.08.2018 in the additional cause list.
The Senior Superintendent of Police, Agra shall file his personal affidavit and shall remain personally present before this Court on the next date fixed.
Order Date :- 23.8.2018 Amit Mishra