- (1.) Heard Sri B.R. Singh, learned counsel for petitioner, learned State counsel and perused the record.
(2.) Facts of the present case are that initially one Sri Brij Nath Ram working on the post of Head Constable while he was posted at Police Station Kamlapur, District Sitapur, an FIR has been lodged in respect to the incidence under Section 323/224 IPC and Section 29 of the Police Act on the ground that one Sri Tahsildar Singh, accused in a Gangster Act has run away from the police custody.
(3.) Subsequently, in the said incidence, the petitioner was placed under suspension by order dated 21.12.2000, revoked by order dated 12.11.2001 passed by Superintendent of Police, Sitapur. In the said matter, he filed a Writ Petition No. 1347 (SS) of 2006 ( Brij Nath Ram Vs. State of U.P. and others), disposed of by means of the order dated 17.04.2006, relevant portion quoted as under:- "Heard Sri Sajiv Pandey, holding brief of Sri S.P. Tripathi, learned counsel for the petitioner and the learned Standing Counsel. The grievance of the petitioner is that vide order dated 21.12.2000 he was placed under suspension under Rule 17(1)(a) of U.P. Subordinate Police Services (Punishment and Appeal) Rules, 1991 and for administrative purposes was attached at the police line. Subsequently on 17.11.2001 he was reinstate and vide order 7.5.2002 he was transferred from Sitapur to Ambedkar Nagar. In pursuant thereto he joined at Ambedkar Nagar. In the order of reinstatement it is mentioned that the order of revocation of suspension shall not prejudice the enquiry likely to be initiated against the petitioner. It is stated that no charge sheet has been issued to the petitioner and no disciplinary enquiry has been conducted till date. It is further submitted that ins spite of several representations made before respondent NO. 3, copies whereof have been filed as Annexure Nos. 6 and 7 to the writ petition neither full salary of the period of suspension has been paid, nor any other benefits i.e. Promotional pay scale have been allowed to him. The learned Standing counsel submits that responden5t NO. 3 shall look into the grievance of the petitioner and representation of the petitioner, if any, pending before him, shall be considered and decided in accordance with law expeditiously. Looking to the facts and circumstances, the writ petition is finally disposed of with a direction to respondent No. 3 to consider and decide the petitioner's representations dated 25.11.2005 (Annexure-6 to the writ petition) and dated 25.1.2006 (Annexure-7 to the writ petition) by a speaking order within a period of six weeks form the date of production of a certified copy of this order alongwith copies of the aforesaid representations. The petitioner is at liberty to file a further detail representation alongwith certified copy of this order. In case the petitioner is found entitled to get any amount, the respondents shall take steps for payment of such amount within two months thereafter.";