S.R. Singh, J. - (1.) By means of the impugned order, the petitioners were suspended from service in contemplation of disciplinary enquiry. By the self-same order, Circle Officer Cantt. Gorakhpur was directed to undertake preliminary enquiry and submit his report within a week.
(2.) Sri D P. Singh, learned counsel appearing for the petitioners canvassed that direction to the Circle Officer Cantt. to hold preliminary enquiry and submit report within a week as contained in the endorse constituting part of the impugned order, would signify that enquiry was not in reckoning and the recital to the contrary as encapsulated in the order, queers the pitch to attract provisions of Rule 17 (1) (a) of the U.P. Police Officers of Subordinate Ranks (Punishment and appeals) Rules, 1991 (In short the 'Rules').
(3.) The submissions put forth, cannot be rejected outright. Preliminary enquiry, though not sine qua non to passing of suspension order, is in the normal course, conducted to collect evidence in order to assess the nature of misdemeanour of a delinquent whether or not full-fledged department proceedings should be embarked upon in a given case. It is open to the disciplinary authority to place a police officer under suspension in contemplation of disciplinary enquiry against such police officer without going through the tedium of holding any preliminary enquiry. All that is necessary is that the appointing authority or any other authority not below the rank of superintendent of police authorised by him in this behalf is prima facie satisfied that the facts warrant an enquiry into the conduct/misdemeanour of an officer, but in case, a preliminary enquiry is ordered into the conduct of an officer, then in the normal course of business, the disciplinary authority should await result of the preliminary enquiry before exercising the power of suspension under clause (e) of sub-rule (1) of Rule 17 but having regard to the nature of charge mentioned in the impugned order, I am of the view than the clause (a), if not clause (a), would be attracted and in case, the preliminary enquiry as undertaken by the Circle Officer, points to misdemeanour of the diligent and in consequence, makes out a case for suspension under sub-rule (1) of Rule 17, then, it would be unavailing end an exercise in fertility to issue a writ directing the Senior Superintendent of Police to go over the entire exercise all over again. In case, however, the preliminary enquiry report as might have been submitted by now by the Circle Offices Cantt. points to no misdemeanour of the petitioners, then in that event, the Senior Superintendent of Police will have ample power to revoke the suspension order under Clause (5) of Rule 17 of the Rules, in the conspectus of the facts and circumstances of the case, the interest of justice would be best attained, if the petition be disposed of with the directions that the petitioners may move an application before the Senior Superintendent of Police, Gorakhpur who shall traverse over the matter in the light of the preliminary enquiry report and pass such appropriate orders as may commend to him under sub-rule (5) of the Rules.;