CHARANJEET KAUR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Petitioner has approached this Court seeking the following relief:-

(2.) Learned counsel for the petitioner submits that in view of the Rule 17 the SSP being the appointing authority could have place the petitioner under suspension, but the petitioner has been placed under suspension by the DIG. Rule 17 of the Uttar Pradesh Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991 is quoted herein under: 17. Suspension-(1) (a) 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 or by any other authority not below the rank of Superintendent of Police, authorised by him in this behalf.

(3.) It is averred that being the order passed by the superior authority which has not been authorized by the SSP, the suspension order is not sustainable.