RAM DULAR TRIPATHI Vs. STATE OF U P

JUDGEMENT

(1.) Normally this Court does not interfere with the order of suspension of Government servant but for the reasons given hereinafter, the instant case warrants Interference with such an order suspending the petitioner.

(2.) On 21.5.1997 and 22.5.1997 the Vice-President of India had a programme at Varanasi. According to the scheduled programme, the Governor and the Chief Minister of Uttar Pradesh were to receive the Vice-President at Babatpur airport on 21.5.1997. The petitioner who is Deputy Superintendent of Police, Varanasi, was entrusted with the duty to lead the fleet of the Chief Minister from the airport to the Circuit House, Varanasi in which arrangements for stay of the Vice-President and the Chief Minister were made. As per programme, the Vice-President was to stay in the Governor's suite and the Chief Minister was to stay in another suite in the Circuit House. On 21.5.1997 on his arrival at Babatpur airport, the Vice-President was received by the Governor and the Chief Minister. Thereafter, the fleet of the Vice-President followed by the fleets of the Governor and the Chief Minister moved from the airport to the Circuit House. As the Governor and the Chief Minister were accompanying the Vice-President to the Circuit House, all the three fleets, namely, the fleets of Vice-President, Governor and the Chief Minister were almost merged. All the three fleets entered the Circuit House and the car carrying Vice-President stopped under the Governor's portico where the Vice-President got down from the car and proceeded to the suite reserved for him. Till the Vice-President entered his suite, the fleet of the Chief Minister did not move on account of which there was delay of two/three minutes in taking her to other portion of the Circuit House where a suite was reserved for her. This delay is said to have caused some inconvenience to the Chief Minister on account of which Sri Ved Singh, T.S.I, who also accompanied the Chief Minister's fleet along with the petitioner was suspended on the spot. The Deputy Inspector General of Police/Senior Superintendent of Police, Varanasi (respondent No. 3) sent a report dated 21.5.1997 (fax message) to the Principal Secretary, Home, U. P., Lucknow, Director General of Police, O. P. and other officials informing them about the inconvenience caused to the Chief Minister on account of stopping of her fleet near the Governor's portico where the Vice-President got down from his car, On the receipt of the fax message, the Principal Secretary, Home, U. P., Lucknow passed on an order on 21.5.1997 itself suspending the petitioner in contemplation of enquiry. Being aggrieved by the said order of suspension, the petitioner has filed this writ petition.

(3.) Two counter-affidavits have been filed on behalf of respondents. Petitioner has filed rejoinder-affidavit in reply thereto. We have heard the learned counsel for the petitioner and the learned standing counsel for the respondents.