BAVINDRA SINGH Vs. SUPTD OF POLICE BANDA

JUDGEMENT

(1.) PARITOSH K. Mukherjee, J. Having heard the learned counsel for both the parties, in my view this writ petition should not be kept pending for indefinite period.

(2.) IT is the case of the petitioner that the petitioner availed of three days leave w. e. t. February 13, 1995 and during this leave period petitioner was in police station, and, the Superintendent of Police, Banda has passed an improper order of suspension in terms of Rule 17 of the U. P. Police Officials Subordinate Rank Rules, 1991, thereby he placed the petitioner under suspen sion, although the petitioner admittedly on that date was not duty.

(3.) HAVING heard the submissions of both the parties and having con sidered the Rule 17 of the aforesaid Rules, 1 am of the view that indeed the Superintendent of Police, Banda is entitled to pass an order of suspension, if any enquiry is contemplated, or, is proceeded, but, in the present case prima facie there was no material available before the authority concerned to initiate departmental proceedings against the petitioner tor his alleged lapses during the period of leave i. e. on February 14, 1995, and, as such, in my view the respondent Superintendent of Police, Banda is not entitled to issue impugned order of suspension, which has been passed in most improper manner and the same is entitled to be interfered with.