Hon’ble H.L. Gokhale, CJ.—The following questions are referred for the determination of this Bench :

1. Whether Rule 17 (1) (a) of the U.P. Police Officers of Subordinate Ranks (Punishment and Appeal) Rules, 1991 prohibits passing of a suspension order during the pendency of preliminary enquiry.

2. Whether the Division Bench judgment rendered in Kripa Shanker Prasad and others v. State of U.P. and others, 2004(1) ESC 33, lays down the correct law.

2. Inasmuch as the reference refers to Rule 17 (1) (a), we may quote the said Rule, which reads as follows :

“17 (1)(a). A Police Officer against whose conduct an enquiry is contemplated or is proceeding may be placed under suspension pending the conclusion of the enquiry in the discretion of the appointing authority or by any other authority not below the rank of the Superintendent of Police, authorised by him in this behalf.”

3. The short facts leading to this reference are as follows : The appellant is a Sub-Inspector in the Civil Police. The appellant has been suspended by an order dated 9.2.2007. He challenged the suspension order. The order contains some serious allegations against the appellant. The order stated that a prelimina