Dilip Kumar Seth, J. - (1.) THE petitioner was suspended by an order dated 7.9.97, Annexure -2 to the writ petition, in contemplation of an inquiry. At the preamble of the said order, Annexure -2 to the petition, it appears that inquiry was proposed against the petitioner on certain charges, in view whereof the petitioner was put under suspension with immediate effect, whereas at the bottom of the said order, a copy has been forwarded to the Circle Officer, Shikohabad, for holding preliminary inquiry. These two things cannot go together. There appears to be contradiction in each other. In case departmental proceedings is contemplated in that event there is no question of holding any preliminary inquiry. Whereas preliminary inquiry is held only for arriving at a conclusion as to whether the departmental inquiry should be proceeded or not. The very last sentence in the said order itself shows that either the preliminary inquiry was necessary to arrive at a conclusion for the purposes of holding departmental inquiry or it was done in absence of mind, resulting in thorough non -application of mind. In that view of the matter the order contained in Annexure -2 to the writ petition dated 7.9.1997, so far as it relates to the suspension of the petitioner with immediate effect, is hereby quashed. It would be open to the respondents to hold preliminary inquiry if not already held. If the inquiry is proposed after preliminary inquiry is over, in that event it would be open to the respondents to pass fresh order if they are so advised and if the circumstances so demand for the suspension of the petitioner.
(2.) HOWEVER , this order will not debar the respondents, if they decide to hold inquiry against the petitioner, in any manner. This will also not prevent the respondents from placing the petitioner in the Police Line, during the period of preliminary inquiry. Thus the writ petition is partly allowed. There will however, be no order as to costs. Let a copy of this order be given to the learned counsel for the petitioner on payment of usual charges within a week.;