- (1.) This Writ Petition has been filed by the Petitioner for seeking following reliefs: a) For issuance of writ in the nature of certiorari for quashing the order of suspension dated 5.10.2006 (annexure-1) as it is illegal, arbitrary and without jurisdiction. b) For issuance of writ in the nature of mandamus commanding the Respondents to post the Petitioner at the earlier place of posting treating the transfer to be illegal and arbitrary as it is against the provision of law and the rules and in view of the Supreme Court's order and direction passed in the case of Prakash Singh v. Union of India, 2006 8 SCC 1 c) For a direction/order to the Respondent No. 4 not to proceed with the proposed departmental proceeding as suspension itself is illegal and against the provision of law and without jurisdiction. d) Any other relief or reliefs for which the Petitioners are very much entitled in the facts and circumstances of the case and under the eye of law.
(2.) In substance, the Petitioner was suspended on the allegation that a dacoity was committed in the area of Petitioner where he was posted as the S.H.O. of the police station. While investigating the said matter, he minimised the offence under Sections 380 and 458 IPC. The Petitioner was suspended by the S.P. Hazaribagh. Thereafter, the inquiry was instituted against the Petitioner and charges were framed. Thereafter, the Petitioner preferred this Writ Petition and this Court, on 26.2.2007, stayed operation of the impugned order dated 5.10.2006 till further orders.
(3.) I have heard learned Counsel for the parties and perused the record. Learned Counsel appearing for the Petitioner contended that the suspension order has been passed by Superintendent of Police, Hazaribagh and S.P. Hazaribagh had no jurisdiction to suspend an officer having rank of the Inspector of Police. He further contended that the impugned order is against the provisions of law.;