Allahabad High Court
Rang Bahadur Pandey vs State Of U.P. And 4 Others on 27 May, 2016
Bench: Vivek Kumar Birla
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 24
Case :- WRIT - A No. - 25704 of 2016
Petitioner :- Rang Bahadur Pandey
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Desh Ratan Chaudhary
Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and perused the record.
The petitioner was posted as Sub-Inspector in Civil Police, Police Station Gopiganj, District Bareilly. Some incident has taken place regarding recovery of animal meat. The petitioner has filed this present writ petition challenging the order dated 25.4.2016 whereby he has been placed under suspension.
It is submitted that on 27.1.2016 the petitioner along with other person has intercepted a Truck bearing No. U.P. 81 A F 9907 DCM which was loaded with animal meat. The same was destroyed after the order was passed by the learned Chief Judicial Magistrate in this regard an application was made by the Investigating Officer and thereafter a first information report was lodged against the S.H.O Sri Ramesh Chaubey and the petitioner was not named in the aforesaid F.I.R. It is submitted that on the basis of of the same F.I.R the petitioner has been placed under suspension by the impugned order dated 15.5. 2016.
Attention was drawn to the order dated 19.5.2016 passed in Writ-A No.22248 of 2016, Ramesh Chaubey Vs. State of U.P. and 4 others, wherein the suspension order has been kept in abeyance with liberty to the respondent to proceed in the departmental proceedings. The order order 19.5.2016 passed by this Court in Writ-A No.22248 of 2016 is quoted as under:-
"Ramesh Chaubey is before this Court for assailing the validity of the order dated 25.4.2016 passed by respondent no.4 by which he has been placed under suspension. He has also prayed for direction to the respondents to treat the petitioner in continuous service and to pay him regular salary.
This much is reflected from record that on 27.1.2016 the petitioner intercepted a truck bearing no.UP 81 AF 9907 which was loaded with animal meat. The truck was seized and the samples of meat were collected and sent for examination. The rest of the meat was destroyed after the order passed by the Chief Judicial Magistrate in this regard on an application being made by the investigating officer. Thereafter, on 30.1.2016 the respondent no.5 in this connection wrote a letter to the respondent no.2. It is alleged that the respondent no.2 under the influence of respondent no.5 wrote a letter dated 2.2.2016 to respondent no.3, who in turn has obtained report from respondent no.4 in this regard. Thereafter, the petitioner was attached to Police Lines, Bhadohi vide order dated 3.2.2016 passed by respondent no.2 and vide impugned order dated 25.4.2016 the petitioner was placed under suspension in contemplation of enquiry.
Learned counsel for the petitioner has challenged the impugned order on the ground that the same has been passed under the dictates of respondent no.5, who is member of Legislative Assembly of Maharashtra and belong to particular party. The order impugned does not disclose any reason/ ground, which may warrant suspension of the petitioner. The meat in question has been destroyed on the basis of order passed by the Chief Judicial Magistrate on an application being made by the Investigating Officer and therefore the petitioner cannot be faulted in this regard.
The matter requires consideration.
Learned Standing Counsel appearing for the State respondents prays for and is accorded four weeks' time to file counter affidavit. One week, thereafter, is granted to file rejoinder affidavit. List thereafter.
Till the next date of listing, the operation of the order impugned shall be kept in abeyance. It is made clear that the respondents would have liberty to proceed in the departmental enquiry."
Learned Standing Counsel appearing for the State respondents prays for and is granted six weeks' time to file counter affidavit. Petitioner will have weeks, thereafter, to file rejoinder affidavit.
Connect with Writ-A No.22248 of 2016.
Till the next date of listing, the operation of the impugned order dated 15.5.2016 shall remain stayed. It is made clear that the respondents would have liberty to proceed in the departmental proceeding."
Order Date :- 27.5.2016
G.S
