R C YADAV Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri Siddheshwari Prasad Srivastava, learned senior counsel appearing on behalf of appellant. Shri Sabhajeet Yadav, learned Standing counsel appearing on behalf of the respondents.

(2.) This Special Appeal is directed against the order passed by the learned single Judge dated February 1, 2002 in writ petition, which was filed challenging the suspension order wherein the learned single Judge has held that the enquiry proceeding contemplated shall be concluded within four months and in the event the proceeding cannot be concluded in spite of the co- operation of the writ petitioner it will be open to the writ petitioner to apply for revocation of the suspension order.

(3.) Learned senior counsel has argued before us that contemplated inquiry means inquiry must have been initiated and in support of his contention he has relied upon the judgment and decision of a Division Bench of this Court in the case of State of U.P. v. Rajendra Shanker Nigam, 1974 CAN 263 and has laid strong emphasis on the portion of the judgment which reads' as under: