Sudhir Agarwal, J. - (1.) HEARD Sri Vinod Kumar Mishra, learned Counsel holding brief of Sri Vijay Gautam, appearing for the Petitioner, learned Standing Counsel and perused the record.
(2.) WRIT petition is directed against the suspension order dated 24th September, 2009 passed by Superintendent of Police, Kaushambi placing the Petitioner under suspension in contemplated departmental enquiry. However, from the impugned order of suspension it appears that Petitioner was placed under suspension even when a preliminary enquiry was contemplated since it direct Circle Officer, Sirathu to hold a preliminary enquiry and to submit report within seven days.
(3.) LEARNED Counsel for the Petitioner submits that in any case till date Petitioner has not been issued any charge sheet and therefore it is evident that impugned order of suspension is wholly illegal, inasmuch as, a prolonged suspension without initiating departmental enquiry is impermissible. Relying on full bench decision in Rajveer Singh v. State of U.P. and Ors. : (2011) 1 UPLBEC 18 as also in Shahroj Anwar Khan v. State of U.P. and Anr. : 2007 (2) UPLBEC 1582, he submits that in this case, suspension in a contemplation of preliminary enquiry is wholly illegal.;