Hon’ble Sudhir Agarwal, J.—This matter is pending for last two years, but despite time having been granted to the respondents, no counter-affidavit has been filed. The question raised by the learned counsel for the petitioner is purely legal, therefore, as agreed by learned counsel for the parties, the matter is being heard and decided finally at this stage under the Rules of the Court.

2.The submission is that lacking control over the family by one cannot constitute any misconduct at all so as to warrant the disciplinary proceedings including suspension and any instruction or action by the higher authorities in this regard would also not amount to a matter relating to service of the concerned employee attracting any disciplinary proceedings. In the case in hand, the impugned order of suspension dated 5.10.2008 has been passed by Sri S.K. Bhagat, Senior Superintendent of Police, Moradabad placing the petitioner under suspension in a contemplated enquiry on the following allegations:

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3. Under his instructions, the Reserve Police Inspector, Moradabad has also passed an order on 4.10