Rakesh Tiwari, J. - (1.) HEARD counsel for the parties and perused the records. This petition has been filed challenging the order of suspension dated 17.10.1999 passed by the Senior Superintendent of Police, Kanpur Nagar suspending the petitioner and simultaneously attaching him to Police Line, Kanpur Nagar. It is stated that even before passing order of suspension a press note was circulated on 15.10.1999 which was published in daily news paper "Aaj" in the issue dated 16.10.1999 that the petitioner has been suspended although the order was passed on Sunday i.e. 17.10.1999 when the office of the respondent No. 1 was closed. Counsel for the petitioner submits that all these leads to irrefutable conclusions that the suspension order is not passed by the respondent No. 1 on his own but on direction of the other persons who have no jural relationship with the police department.
(2.) IT is stated that the petitioner had submitted an application dated 18.10.1999 for revoking order of suspension but no order was passed on the same and the impugned order does not disclose any misconduct within the meaning of Article 311 of the Constitution of India. It is also submitted that no fact finding enquiry or preliminary inquiry was ever conducted prior to the passing of impugned order dated 17.10.1999 hence there was no material before the respondent No. 1 to apply mind and to pass the impugned order and no opportunity whatsoever of any kind was given to the petitioner and that no explanation was sought from the petitioner with regard to any reference in the impugned order. At the time of admission of the writ petition, notices were accepted by the Standing Counsel on behalf of respondent Nos. 1 and 2 and the petitioner was directed to serve respondent Nos. 3 to 7 by registered post A/D and the interim order was passed on 25.11.1999. Three weeks time for filing counter affidavit was granted by this Court to the respondents but no counter affidavit has been filed till date. The interim order dated 25.11.1999 is being quoted below: Learned counsel for the petitioner is permitted to add respondent Nos. 4 to 7 in the array of parties in the writ petition. Learned Standing Counsel has accepted notice for respondent Nos. 1 and 2. The petitioner is directed to serve respondent Nos. 3 to 7 by registered post A/D for which steps are to be taken within ten days. Respondents may file counter -affidavit, if any, within a period of three weeks. Rejoinder affidavit, if any, may be filed within one week thereafter. List the petition for admission in the week commencing 4th January, 2000. In view of the allegations made in respect of the impugned order making out a prima facie case of malafides and bias, operation of the impugned order dated 17.10.1999 at Annexure -1 to the writ petition will remain stayed till the next date of listing. I make it clear that this order will not prevent the authority from proceeding with the disciplinary proceeding contemplated in accordance with law. Sd./ - Aloke Chakrabarti, J.25.11.1999.
(3.) THE Counsel for the respondents has brought attention to the Court to para 496 of police regulation which provides for suspension during the period of enquiry. In, 1992 (19) A.L.R. 87 it has been held that under police regulation 496, the police officers are liable to be suspended only during the enquiry and not on the ground of a contemplated enquiry.;