PRAKASH SINGH Vs. STATE OF U P

JUDGEMENT

(1.) RAKESH Tiwari, J. Heard counsel for the parties and perused the record. The petitioners were appointed as a Police Constable. They were placed under suspension by order dated 10-2-1999. The petitioner had also filed a writ petition No. 39590 of 1999, which was disposed off by this Court by order dated 15-9-1999 with the observation that in case the charge sheet submitted against the petitioners the departmental enquiry would remain in abeyance. By means of this petition a prayer for quashing the suspension order passed on 10-2-1999 in contemplation of the departmental enquiry has been made.

(2.) THE brief facts of the case leading to the suspension of the petitioner are that they were posted as constable in Police Line, Agra and were given duty of producing accused persons before the Chief Judicial Magistrate, Bareilly. After producing the accused persons, the petitioners were coming back by train to Agra from Bareilly with the accused.

(3.) IT is contended under Rule 4 of the Uttar Pradesh Pension Ke Mamlon Ki (Prastutikaran, Nistaran Aur Bilamb Ka Pariverjan) Niyamawali 1995 provides that the pension papers will be provided to the Government Servant before 8 (eight) months from the date of retirement and all the formalities will be completed before the date of retirement. He further stated that the Government Order dated 5-7-1997 the preparation of the pension papers must be started before two years from the dated of retirement of the Government Servants.