Wednesday, February 8, 2023

Allahabad High Court stays order suspending Handia police inspector

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The Allahabad High Court has stayed the suspension order against Inspector Keshav Verma by Senior Superintendent of Police, Prayagraj.

A single-judge bench of Justice Neeraj Tiwari passed this order while hearing a petition filed by Keshav Verma.

By way of the petition, the petitioner is challenging the impugned suspension order dated 11.04.2022 passed by the Senior Superintendent of Police, Prayagraj.

The counsel for the petitioner submitted that the petitioner is working as a Police Inspector and is presently posted at Police Station Handia.

The petitioner has been placed under suspension by order dated 11.04.2022 under the provisions of Rule 17(1)(a) of U.P Police Officer of Subordinate Ranks (Punishment and Appeal) Rules, 1991.

He next submitted that even after four months from the date of suspension, no departmental chargesheet has been served upon him. Therefore, in light of judgment of Apex Court in the matters of Ajay Kumar Chaudhary Vs Union of India, (2015) 7 SCC, Anshu Bharti Vs State of U.P, (2009) 1 AWC 691 and Public Service Tribunal Bar Association Vs State of U.P and others, 2003 (1) UPLBEC 780 (SC), impugned suspension order dated 11.04.2022 is bad and liable to be set aside.

The standing counsel opposed the plea, but could not dispute the legal submissions raised by the counsel for the petitioner.

The Court observed that the matter requires consideration and granted four weeks time for the standing counsel to file counter-affidavit and rejoinder affidavit may be filed within two weeks thereafter.

“Until further order of this Court, impugned suspension order dated 11.04.2022 passed by the Senior Superintendent of Police, Prayagraj shall remain stayed. This order will not preclude the respondents to complete the inquiry and further the petitioner is directed to extend full cooperation in disciplinary proceedings,” the Court ordered.

The Court has fixed the next hearing of the petition on November 2, 2022.

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