( 1 ) HEARD Sri A. N. Tripathi, learned advocate for the appellant and Sri Ranvijai Singh, learned standing counsel for the respondents.

( 2 ) THIS special appeal is directed against the order dated 4. 4. 2001 passed by the learned single judge dismissing the writ petition. The challenge in the writ petition was against the order of suspension. The contention of the appellant is that the learned single Judge did not properly appreciate the question that suspension is not permissible unless enquiry is contemplated or enquiry is pending. Learned counsel for the appellant referred to us sub-rule (1) of Rule 4 of the u. P. Government Servant (Discipline and Appeal) Rules. 1999 which is set out herein below :

"4. Suspension.-- (1) A Government servant against whose conduct an inquiry is contemplated, or is proceeding may be place under suspension pending the conclusion of the inquiry in the discretion of the appointing authority : provided that suspension should not be resorted to unless the allegations against the Government servant are so serious that in the event of the their being established may ordinarily warrant major penalty : provided further that concerned Head