KRIPA SHANKER PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) This special appeal has been filed against the judgment and order dated 25.8.2003, by which the learned Single Judge has dismissed the writ petition challenging the impugned suspension order dated 20th August, 2003.

(2.) Facts and circumstances giving rise to this case are that petitioners have been put under suspension by the respondent No. 2 in exercise of the power under the provisions of Rule 17(1)(a) of the U.P. Police Officers of Subordinate Rank (Punishment of Appeal) Rules, 1991 (hereinafter called the Rules, 1991).

(3.) the suspension order has been passed on very serious allegations that petitioners had been extorting money from the Truck Drivers on 19th/20th August, 2003, while they had been on a Patrolling Duty. The order of suspension provides that the Circle Officer, Gyanpur, Bhadohi shall hold a preliminary enquiry and submit the report within a period of one week. Writ petition was filed challenging the said order on the ground that during the pendency of the preliminary enquiry suspension order cannot be passed. However, the learned Single Judge has dismissed the petition. Hence, this appeal.