Court No. - 37
Case :- WRIT - A No. - 6014 of 2018 Petitioner :- Vivek Pal Respondent :- State Of U.P. And Another Counsel for Petitioner :- Tahira Shabnam,Narendra Singh Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J.
Heard Narendra Singh, learned counel for the petitioner and learned Standing Counsel.
The petitioner has challenged the order of suspension dated 24.11.2017 by which the petitioner has been placed under suspension. The petitioner holds the post of police constable in the U.P.Police currently posted at Moradabad. Learned counsel for the petitioner submits that pre- condition for suspension under the U.P.Police Officers of the Subordinate Ranks (Punishment and Appeal),Rules, 1991 is that the same must be in continuation or in contemplation of a disciplinary enquiry.
From the order of suspension, it does not appear that either enquiry is continuing or the same has been passed in contemplation of an enquiry . That being the case, the order of suspension dated 24.11.2017 cannot be sustained and it is hereby quashed with liberty to the authorities to pass a fresh order in accordance with law as contemplated under Rule 17 of the Rules. The writ petition to the aforesaid extent is allowed.
Order Date :- 26.2.2018 VPC