V.K.SHUKLA, J. - (1.) PETITIONER had been performing and discharging duties as Sub-Inspector, Civil Police. On 6.9.2006, petitioner had been made Incharge of Police Station Bansdih Road, Ballia. On 11.10.2006, petitioner has been sought to be placed under suspension. At this juncture present writ petition has been filed.
(2.) ON presentation of writ petition, learned Standing Counsel was asked to seek necessary instructions in the matter. On the matter being taken up today, institutions along with documents have been produced. Sri Sudhakar Pandey, learned Counsel for the petitioner, contended with vehemence that petitioner performed and discharged duties diligently. The moment girl's father arrived at police station, FIR was lodged on 10.10.2006, as such power of suspension has been misused. Learned Standing Counsel, on the other hand, contended mat on the basis of the record which has been produced by way of instructions, the girls father on 17.9.2006 had moved an application before the Superintendent of Police, Ballia. The said application was forwarded to the concerned police station on 18.9.2006 and entry has been made in the Police Station Order Book at Serial No. 142, which was received by the petitioner on 19.9.2006 (Annexure-3 to instructions), and in spite of this FIR was not lodged by the petitioner. The FIR has been lodged only after the girl was killed, as such power of suspension has been rightly exercised.
(3.) SEEING the prima facie nature of allegations levelled against the petitioner and the prima facie fact that Superintendent of Police, Ballia on 18.9.2006 had asked for action and no action had been taken, no interference is being made with the impugned order of suspension. The misconduct of petitioner would be judged in departmental proceedings, and this Court will not usurp the authority of Disciplinary Authority, by prejudging the misconduct in question.;