Allahabad High Court
Neetu Rani Pno No. 162591460 vs State Of U.P. Thru. Addl. Prin. ... on 31 August, 2022
Bench: Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 17
Case :- WRIT - A No. - 5443 of 2022
Petitioner :- Neetu Rani Pno No. 162591460
Respondent :- State Of U.P. Thru. Addl. Prin. Secy. Deptt. Of Home Govt Of U.P. Civil Sectt Lko And 3 Others
Counsel for Petitioner :- M.P. Raju
Counsel for Respondent :- C.S.C.
Hon'ble Alok Mathur,J.
1. Heard Sri M.P. Raju, learned counsel for petitioner as well as learned Standing Counsel for the respondents.
2. It has been submitted by learned counsel for petitioner that petitioner who was working on the post of Lady Constable Civil Police, Department of Home, State of Uttar Pradesh has been placed under suspension by order dated 08.11.2021 in pursuance of the first information report lodged in Case Crime No. 244/2020, under Sections 498-A/304-B/323/120B I.P.C. & 3/4 Dowry Prohibition Act, Police Station Murtiha, District Bahraich. In the said case, the police has conducted in investigation and a charge sheet has been filed before the court of competent jurisdiction and the trial is underway.
3. In the same matter, the petitioner was arrested and thereafter she was released on bail on 10.03.2022. Due the petitioner being incarcerated in jail, she was placed under suspension and subsequently disciplinary proceedings have also been initiated.
4. Learned counsel for petitioner has assailed the order of suspension dated 08.11.2021 on the ground that more than ten months have passed since suspension of the petitioner beyond judgment passed by Hon'ble Supreme Court in the case of Ajay Kumar Chaudhary Vs. Union of India reported in 2015 (7) SCC 291.
5. Learned Standing Counsel on the other hand has submitted that the proceedings against the petitioner are being conducted in accordance with Uttar Pradesh Police Officers Subordinate Ranks (Punishment and Appeal) Rules, 1991 where under Section 17, it has been provided that a police officer against whose conduct an enquiry is contemplated, or is proceedings, may be placed under suspension pending the conclusion of the enquiry in the discretion of the appointing authority.
6. It has been submitted that in light of the fact that serious allegations leveled against the petitioner in the said first information report lodged in Case Crime No. 244/2020, under Sections 498-A/304-B/323/120B I.P.C. & 3/4 Dowry Prohibition Act, Police Station Murtiha, District Bahraich where there are serious allegation against the petitioner, she has been placed under suspension.
7. It has further been submitted that the charge-sheet has been given to the petitioner and she has also replied and the matter is under consideration before the Inquiry Officer.
8. Considering the aforesaid, this Court does not find any reasons for interfering with the order of suspension dated 08.11.2021 and looking into the first information report as well as allegations levelled therein and also considering the fact that petitioner has been served with charge-sheet and the inquiry is underway, this Court is not inclined to interfere with the matter under Section 226 of the Constitution of India. It is also noticed that as per the Section 17(5)(a), the power is vested in the competent authority to modify or revoke the order of suspension in light of the fact that the reply of the petitioner has also been given and substantial period has been passed since her suspension and also considering the fact that the petitioner has already moved an application for revocation of the suspension on 01.07.2022 which is contained as Annexure No. 6 to the writ petition.
9. At this stage, learned counsel for petitioner submits that grievance of the petitioner will be substantially redressed in case Commissioner of Police/respondent No. 2 is directed to consider and decide the representation of the petitioner expeditiously.
10. Learned Chief Standing counsel does not dispute or object to the aforesaid prayer made by learned counsel for petitioner.
11. Accordingly, in light of the above, present writ petition is disposed of with direction to respondent No. 2 to consider and decide the representation of the petitioner dated 01.07.2022 as contained as Annexure No. 6 to the writ petition with reasoned and speaking order in accordance with law within a period of four weeks from the date a certified copy of this order is produced before him and communicate the decision to the petitioner.
(Alok Mathur, J.)
Order Date :- 31.8.2022
Ravi/
