Ram Narayan And 4 Others vs The State Of U.P. And 2 Others
2014 Latest Caselaw 265 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 59
 

 
Case :- WRIT - A No. - 18028 of 2014
 

 
Petitioner :- Ram Narayan And 4 Others
 
Respondent :- The State Of U.P. And 2 Others
 
Counsel for Petitioner :- Vijay Gautam
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Abhinava Upadhya,J.

Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.

By means of this Writ petition, the petitioner has come up to this Court challenging the suspension order dated 22.3.2014 passed by the respondent No.3, the Superintendent of Police, Kaushambi by which, the petitioner has been placed under suspension under Rule 17 (1) a of the U.P. Police Officers of the Subordinate Ranks (punishment and Appeal) Rules, 1991 upon certain charges. The said order has been passed without there being any pending inquiry or in contemplation of any inquiry.

Similar controversy was brought up before this Court in the case of Shyam Sunder constable 116 C.P. vs. State of U.P. and others in writ petition No.57026 of 2013, wherein learned Standing counsel following a decision of a division bench rendered in case Meera Tiwari (Smt.) Vs. Chief Medical Officer & others 2001 (3) UPLBEC 2057 has held that such suspension order cannot be sustained which has been passed where neither the same was in contemplation or in any pending inquiry and quashed the order with liberty to the authority to pass fresh order in accordance with law.

The petitioner's case is squarely covered by the decisions rendered in Meera Tiwari's case (supra) case as well as Shyam Sunder Constable (supra).

As such, the suspension order cannot be sustained and is hereby quashed with liberty to the concerned authority to pass a fresh order in accordance with law.

Writ petition is allowed.

Order Date :- 27.3.2014

SKM