Petitioner challenged a suspension order imposed for allegedly failing to inform superior officers about executing a non-bailable warrant on MLAs. Counsel argued the act was bona fide, adhering to the Police Act and Assembly Rules. Petitioner was listed for fresh hearing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 4
Case :- WRIT - A No. - 7230 of 2024
Petitioner :- Chandra Bhanu Verma
Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Petitioner :- Amar Singh Counsel for Respondent :- C.S.C.
Hon'ble Rajesh Singh Chauhan,J.
proper channel. Therefore, Sri Amar Singh has submitted that the petitioner in a bona-fide manner tried to execute the N.B.W. upon two M.L.As. by following the due procedure of law. Therefore, on such initiative of the petitioner he should have not been placed under suspension. For placing an employee under suspension there should be a mis-conduct and if the petitioner tried to follow the directions of competent court of law in the light of the section 23 of the Police Act and Rule 84 of the Rules of 1958 and his letter which was preferred through proper channel was placed before the authorities then the conduct of the petitioner may not be treated as misconduct.
[Rajesh Singh Chauhan, J.]
Order Date :- 2.9.2024 Om
Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the petitioner's initiative to execute a non-bailable warrant on MLAs via proper channels constitutes misconduct warranting suspension.
Whether the petitioner's communication to the Speaker of the Legislative Assembly was compliant with statutory and procedural obligations.
2 provisions across 2 enactments
Chandra Bhanu Verma
State of U.P.
Rajesh Singh Chauhan
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
