( 1 ) CAN a Police Officer against whom a complaint is filed for offences which are not serious and not committed in discharge of duty be suspended ? Under what circumstances a Police Officer can be suspended? What should be the criteria for suspension during contemplated disciplinary action ? Are some of vital points requiring consideration in this Writ Petition.

( 2 ) PETITIONER a Sub-Inspector of Police has challenged the order of suspension by the District Superintendent of Police Panchmahals at Godhra contending infer alia that in the facts and circumstances of the case the suspension during the inquiry is not warranted nor such suspension order can be passed under the provisions of the Bombay Police (Punishment and Appeals) Rules 1956 enacted under the provisions of Sec. 25 of the Bombay Police Act 1951 and under the relevant provisions of the Gujarat Police Manual 1975 It is also contended that the alleged act of misconduct is alleged to have been committed not in the discharge of duty but when the petitioner was on sick leave and that too not within the jurisdiction of the petitioner as the Sub-Inspector of Police.

( 3 ) THE petitioner was serving as Sub-Inspector of Police at Bharuch and was transferred from Bharuch District to Panchmahals District and was relieved on 25/12/1987 The petitioner had proceeded on leave and was on leave on 31/01/1988 The petitioner was at Ahmedabad on 31/01/1988 and went to the garage of Ramzanbhai Jivabhai at about 3. 00 p. m. to 4. 00 p. m. As stated in the Affidavit-in- reply of Mr. Shivanand Jha District Superintendent of Police District Panchmahals the petitioner had asked Ramzanbhai to clean his scooter and as it was not cleaned the petitioner is alleged to have given threats to Ramzanbhai and had beaten him. Ramzanbhai had therefore addressed a letter to the Director General and Inspector General of Police alleging that the petitioner had given him threats and constrained him to clean his scooter. The Director General and Inspector General of Police instructed the Vigilance Squad to inquire and it was found that there was substance in the complaint and the papers were sent to the District Superintendent of Police District Panchmahals respondent No. 1 herein on or about 23/02/1989 and on perusal of the papers the District Superintendent of Police District Panchmahals was satisfied that the petitioner was required to be placed under suspension and accordingly passed the order of suspension on 24/02/1989 (Annexure A ). In the suspension order the allegations are somewhat different than stated by Mr. Jha in the Affidavit-in-reply. It is stated in the suspension order that the petitioner went to the garage of Ramzanbhai at Madhavpura Market Compound Shahibaug Road Ahmedabad and told him to go to his house to carry out the fittings and service of his Scooter/motor-cycle but Ramzanbhai told him that he would go there afterwards and therefore the petitioner got enraged abused and cought hairs of Ramzanbhai and pushed him Abdulbhai Bhikhabhai uncle of Ramzanbhai who tried to intervene was also pushed and for that incident Ramzanbhai filed non-cognizable complaint at Dariapur Police Station for offences under Secs. 323 and 504 of the Indian Penal Code and it was registered as Non- Cognizable Offence No. 60 of 1988. Initially therefore there are two contradictory versions about the incident of cleaning the Scooter/ Motor-cycle. This incident is considered by the District Superintendent of Police as abuse of the powers vested in the petitioner as Police Sub-Inspector. Mr. Jha D. S. P. has stated in his Affidavit that the petitioner who is a Police Sub-Inspector had abused his power and had committed offences under the provisions of Secs. 323 and 504 Indian Penal Code for which the complaint is registered at Dariapur Police Station at Ahmedabad. He has also stated that the petitioner behaved in a manner which would not befit a Policeman. In view of Mr. Jha as stated in the Affi