JUDGMENT Brijesh Kumar, J. - The petitioners are the firemen in the U.P. Fire Service. They have approached this Court against the order of their suspension dated 11.7.1987 contained in AnnexureI to the writ petition. The order of suspension shows that they were being placed under suspension with immediate effect on the charge that they ware found drunk on 8.7.1987, at a public place. 2. The only ground on which this petition has been pressed is that under para 496 of the Police Regulations, a police officer is liable to be placed under suspension only during departmental or judicial enquiry into a charge of misconduct. It has been submitted that no chargesheet has been served upon the petitioner so far, nor any enquiry officer has been appointed. The order of suspension is virtually in contemplation of an enquiry. 3. Earlier the State Counsel was given time to seek instructions and again on 17.8.87 it was ordered that the case may be listed before a hearing Bench. The learned State Counsel has informed that no instructions have been received by him so far. 4. The learned counsel for the petitioners has drawn our attention to Rule 22 of the U.P. Fire Service (Recruitment and Conditions of Service) Rules, 1945 which reads as under : 22. Authority to grant leave and punish. (a) Notwithstanding anything to the contrary in paragraph 477 of the Police Regulations the discipline of members of the United Provinces Fire Service and of all other persons (including Police officers of subordinate ranks) holding posts in that service shall be governed by Chapter XXXII of the Police Regulations, as if (i) reference to section 20, Police Act, were read as reference to section 9, United Provinces Fire Service Act, (ii) the punishments mentioned were prescribed under section 241, Government of India Act, and (iii) a fireman of driver were a police constable a leading fireman were a head constable, and a station officer were subinspectors. (b) All punishments shall be awarded under these rules and the Police Regulations. No Officers have been authorised by the Inspector General to punish under Section 8 of the Act. 5. Para 496 of Police Regulations occurs in Chapter XXXII of the U.P. Police Regulations. (b) All punishments shall be awarded under these rules and the Police Regulations. No Officers have been authorised by the Inspector General to punish under Section 8 of the Act. 5. Para 496 of Police Regulations occurs in Chapter XXXII of the U.P. Police Regulations. From the above, it is clear that no member of the Fire Service can be suspended until some departmental proceedings or judicial enquiry into the charge of misconduct is pending. AnnexureI does not indicate that any enquiry officer was appointed, nor there is anything on the basis of which it could be said that the chargesheet was served upon the petitioners. We, therefore, find that the order of suspension passed against the petitioners is in violation of Regulation 496 of the Police Regulations. 6. In the result, the writ petition is allowed and the order of suspension dated 11.7.1987 contained in AnnexureI to the writ petition is quashed. It is, however, clarified that it will be open to the opposite parties to initiate departmental proceedings, if it is so decided, and it will further be open to them to consider the question of placing the petitioners under suspension, if so thought necessary, at the time of serving the chargesheet. 7. There would, however, be no order as to costs.