Om Prakash Mishra, Constable 787 ... vs State Of U.P. And Others
2012 Latest Caselaw 4268 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - A No. - 48183 of 2012
 

 
Petitioner :- Om Prakash Mishra, Constable 787 Cp Pno No. 762031322
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- Vijay Gautam
 
Respondent Counsel :- C.S.C.
 
Hon'ble Krishna Murari, J.

Heard learned counsel for the petitioner.

The contention raised is that the order of suspension has been passed without even holding a preliminary inquiry and, as such, there was no material for the purpose of passing the suspension order.

Learned counsel for the petitioner has relied upon the Full Bench decision in the case of Raj Veer Singh Vs. State of U.P., reported in 2010 (10) ADJ 246.

Learned Standing Counsel submits that the order will be passed immediately after the preliminary inquiry report is received. In the opinion of the Court, the suspension order should have been preceded by disclosing material on the basis of preliminary inquiry and not otherwise.

The impugned order clearly indicates that Circle Officer (Lines) has been directed to hold preliminary inquiry and submit a report.

In the circumstances, keeping in view the aforesaid Full Bench decision, the Court is of the opinion that no useful purpose would be served by keeping the matter pending.

The impugned order of suspension dated 30.05.2012 is quashed for the aforesaid reason, in so far as it relates to the petitioner and Senior Superintendent of Police, Auraiya shall be at liberty to pass fresh orders after receiving the preliminary inquiry report.

With the aforesaid directions, the writ petition stands disposed of.

19.09.2012

VKS/ WP 48183/12