K.K. Birla, J. - (1.) THE petitioner, a Sub -Inspector of Police, is aggrieved by the suspension order dated 17 -1 -1990 passed against him by the S.S.P. Mainpuri and by this writ petition he has requested for the issue of writ of certiorari quashing the aforesaid suspension order. In brief, in the year 1986 he was posted in Police Station Kakwan, District Kanpur Dehat. A case of corruption was registered against Constable Raja Ram and the petitioner under Section 120(B)/161, I.P.C. and 5(2) of the Prevention of Corruption Act. After investigation a charge -sheet was submitted against the petitioner as well on 17th November, 1987. The petitioner was subsequently transferred to District Mainpuri on 12th January, 1990. By the impugned order he has been suspended. The relevant portion as is below: - - Sri Raj Pal Singh Tyagi S.I. against whom the disciplinary proceedings are contemplated for the following charges, is suspended with immediate effect (1) was involved in crime No. 63/86 under Section 161, I.P.C. and (2) under Section 5(2) of the P.C. Act of P.S. Kakwan, District Kanpur Dehat.
(2.) IN reply to the affidavit of the petitioner a short counter -affidavit has been filed on behalf of the state. A rejoinder affidavit has also been filed. As the affidavits have been exchanged, the petition is being disposed of finally. The suspension order has been challenged on three grounds: - -Firstly it is contended that in the suspension order there is mention of contemplated enquiry and under para 496 of the Police Regulation a Police Officer can only be suspended during the pendency of an enquiry and as such the suspension on the basis of a contemplated enquiry is bad -in -law; secondly that the alleged misconduct was committed within the District of Kanpur Dehat and as such S.S.P. Mainpuri had no jurisdiction to suspend him; and thirdly that even though the charge -sheet has been submitted, he has not been summoned by the Court and as such no judicial enquiry has started and the suspension order is illegal.
(3.) THESE contentions have been controverted by the learned Standing Counsel. It is contended that the charge -sheet has been submitted and as such his suspension during the judicial enquiry is quite valid and that the suspension order has been passed by the proper authority as the petitioner was posted in District Mainpuri.;