1998 Supreme(All) 1187
D.K.SETH
CONSTABLE J. N. RAI – Appellant
Versus
S. S. P. , ALLAHABAD – Respondent
Advocates Appeared:
K.R.SINGH, Poonam Srivastava
( 1 ) BY an order dated 20. 04. 1993 the petitioner was put under suspension on the ground that disciplinary proceeding was contemplated against him. From the said order, it apperas that the order of suspension was issued in exercise of the powers under rule 17 (1) (a) (b) of the U. P. Police Officers of Subordinate Ranks punishment and Appeal Rules 1991. Except mentioning about lodging of a first information report under section 147, 148,323,304 ipc, no further details have been mentioned. In the said order of suspension it was directed that a preliminary enquiry be compled. Subsequently preliminary enquiry was held, in which it was found that at the relevant point of time the petitioner was on duty and therefore, the question of keeping him under suspension should be reconsidered and the suspension be revoked. But the said suggestion was disagreed to by one R. S. Lal, A. S. I. (m), on the basis thereof, another report was submitted by A. P. O. on 25th May 1993 suggesting that the order of suspension should not be recalled since it might have an impact or affect on the pending enquiry. This suggestion was accepted by the Superintendent of Police on 26th May, 1993. In this backgrou
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