Vinod Kumar Tripathi vs State of U.P.& Others

S.S. Ahmad, J.—We have heard learned counsels for the parties who agreed that the writ petition may he disposed of finally.

The writ petition is directed against the order dated 3888 by which the petitioner was placed under suspension. This order is Contained in annexrue1 which actually recites that the petitioner is being placed under suspension for unauthorised absence. The order does not show whether any departmental proceedings were either pending against him or were even contemplated for being initiated. The order is a bald order and it appears to have been passed in arbitrary exercise of power toy the Senior Superintendent of Police, Faizabad.

Apart from the above, it will also be noticed that an order of suspension against the Police Official can be passed only in accordance with the provisions of para 496 of the Police Manual which requires that an order of suspension can be passed only during the departmental or judicial proceedings. The order of suspension being wholly illegal cannot be sustained.

The writ petition is allowed. The impugned order of suspension, contained in annexure1, is hereby quashed with the direction that the petitioner shall be reinstated and paid his salary regularly every month. The arrears of salary and subsistence allowance shall also be paid to him at the earliest. It may be observed that it will be open to the appropriate authority to pass a fresh order of suspension during departmental or judicial proceedings, if any. The interim order, if any, is vacated.

(Petition allowed)