S.Saghir Ahmad, J. - (1.) The petitioners, who are members of the U.P. Police, have, by means of these petitions under Article 226 of the Constitution of India, challenged the orders by which they have been placed under suspension, on the grounds, inter alia, that there was neither a departmental nor a judicial enquiry pending against them and, therefore, they could not be placed under suspension.
(2.) In Writ Petition No. 110 of 1985 the impugned order is dated 1-1-1985 and is contained in Annexure-1. It has been passed against the petitioner on the ground that he had exhibited slackness in investigating Crime No. 1357 of 1982 under Section 338, 1. P. C. registered at P. S. Hazratganj, Lucknow.
(3.) In Writ Petition No. 5390 of 1984 the order of suspension is dated 11-8-1984 and is contained in Annexure-1. It appears that once Om Prakash, who was arrested in connection with a case under Section 392/397 I. P. C. and was lodged in the Havalat of P. S., G. R. P. Charbagh, Lucknow, was found dead in the Havalat. The post mortem report indicated that he had died of injuries of his person and shock. A First Information Report about this incident was lodged by Sri K. P. Rai, Superintendent of Police, G. R. P, Lucknow, against the petitioner with the direction that an appropriate case be registered against him and other concerned Police officials for suitable action. A copy of this F.I.R. has been filed as Annexure-2 to the writ petition. There appears an endorsement on the said F.I.R. which indicates that a case under Section 304, I. P. C. was directed to be registered against the petitioner.;