N.L. Ganguly, J. - (1.) The petitioner has filed this petition against the suspension order. The petitioner is a constable in the police force. The respondents proposed to initiate departmental proceedings against the petitioner. A preliminary enquiry is being directed to be made against the petitioner. Before the actual submission of the charge-sheet, the suspension order dated 23rd September, 1990 was passed by the respondents. In view of 1985 U. P. Local Bodies and Educational Cases 1329-Nurul Hasan v. S. S. P. and others, the order of suspension cannot be allowed to stand. However, from the allegations made against the petitioner about the association and connivance of the petitioner with hardened criminal, I consider it necessary in the interest of justice that the respondents be directed to conclude the preliminary enquiry and if the department considers that charge-sheet be submitted, the same may be submitted within a period of one month from today. The respondents after submission of the charge-sheet are free to proceed with the departmental enquiry. They are free to suspend the petitioner, after fresh order after submission of the charge-sheet, if they feel it necessary. Since the order impugned dated 23rd September, 1990 is patently against the provisions of the Police Regulations and the discretion of this Court, the same is being quashed. The petitioner shall be entitled to receive the full salary for the period after suspension
(2.) A copy of this order be given to the petitioner's counsel in three days time. The petitioner shall submit the certified copy of this order before the respondent No. 2 within a week from today.
(3.) The petition is disposed of accordingly. Petition disposed according.;