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RAVINDRA SINGH versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Ravindra Singh v. State Of U.P. And Others - WRIT - A No. 19283 of 2007 [2007] RD-AH 7236 (19 April 2007)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

COURT NO.38

Civil Misc. Writ Petition   No.  19283   of   2007

Ravindra Singh  ....................................................................    Petitioner

Versus

State of Uttar Pradesh & others   ...............................          Respondents

....................................

Hon'ble Ashok Bhushan, J.

Heard counsel for the petitioner.

By this writ petition  the petitioner h as has prayed for quashing the order dated 7.4.2007 passed by the Senior Superintendent of Police , Railways, Agra Fort placing the  petitioner under suspension under rule 17 (1) (a) of the U.P. Police Officers of Subordinate  Ranks (Punishment and Appeal) Rules, 1991.  The allegation against the petitioner is that the petitioner while working at police station G.R.P. is indulging in crime with the connivance of the criminals on the railway platform  and in the train.  Learned counsel for the petitioner challenging the order contended that the charges against the petitioner are very vague and general.  He further submits  that  neither enquiry  is pending nor contemplated. He has also placed reliance on the interim order passed by this Court  on 14.7.2003  passed in writ petition No. 28380 of 2003, copy of which has been annexed as Annexure-2 to the writ petition.

I have considered the submissions of counsel for the petitioner and perused the record.  

The allegations against the petitioner  are allegations while posted at the police station G.R.P. Agra Fort.  The allegation against the petitioner  is specific  that he is in hands-in-glove with the criminals which commits crimes in the trains and at the platform.  The submission of the counsel for the petitioner that the charge is vague and general, cannot be accepted in so far as the petitioner is concerned.  Rule 17 (1)(a) of the U.P. Police Officers of Subordinate  Ranks (Punishment and Appeal) Rules, 1991 gives power to the Senior Superintendent of Police   to place the police constable under suspension when the disciplinary enquiry is pending or contemplated.  The order clearly mentions that the enquiry against the petitioner is contemplated. Thus there is no error in the order and the submission of the petitioner that  neither the enquiry is pending nor contemplated  cannot be accepted.  In so far as the interim order  dated 14.7.2003 passed by this Court  Annexure-2 to the writ petition is concerned  the order of suspension passed against the said petitioner has also been filed at page 29 to the writ petition from which it is clear that the order of suspension had been passed on the ground that no effective steps  were taken by the Sub Inspector with regard to incident which had taken place  and on the ground of negligence.  The allegations  in the said case were general and vague  and this Court granted interim order dated 14.7.2003.  The said interim order does not help the petitioner in any manner.

No grounds have been made to interfere with the order impugned.  The  writ petition lacks merit and is dismissed.

D/-19.4.2007

SCS    


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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