- (1.) Heard Sri Vijay Gautam, learned counsel for the petitioner and learned Standing Counsel for respondents.
(2.) It is contended that impugned order of suspension dated 10.4.2013 has been passed by Superintendent of Police, Banda though a preliminary inquiry is yet to be conducted, since Circle Officer Line, Banda has been directed to hold a preliminary inquiry. It is also contended that the order of suspension has been passed not in a contemplated or pending departmental inquiry but on the basis of charge mentioned therein and directing further to proceed to hold a preliminary inquiry and submit report.
(3.) Under U.P. Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991 (hereinafter referred to as the "Rules, 1991"), suspension is not one of the punishments prescribed therein. On the contrary, Rule 17 contemplates that suspension can be effected in a contemplated or pending departmental inquiry or during a criminal investigation, inquiry or trial or when an officer is in jail for a particular period of time. In the present case none of these contingencies is available and, therefore, Rule 17 which authorises Competent Authority to place a police officer of subordinate rank under suspension is not at all attracted.;