Submit Details Of FIR Against Police Officers Of All Ranks; Explain Rationale Of Their Continuance In Service: Punjab & Haryana High Court To Govt. [Read Order]

The Single Bench of Justice Anupinder Singh Grewal also asked the State, through its home secretary, to specify the current posting of such officers.

Matter before the Court

Notably the bench was hearing the plea of a petitioner who contended that the order dismissing him from the service was passed by Senior Superintendent of Police, Moga (respondent No.4) "without taking into consideration the order passed by the Inspector General of Police, Ferozepur Range, Ferozepur on 23.11.2018 whereby the petitioner had been reinstated in service after registration of FIR against him."

He contended before the Court that although the petitioner has been dismissed from service upon registration of FIR against him, but there are a large number of police officers in the State of Punjab who are continuing in service despite registration of criminal cases against them.

Court's order on 03^rd September 2020

The High Court by order dated 03.09.2020 had directed respondent No.1 to file an affidavit setting out the details of the FIRs registered against the serving police officers including their nature and status. The current posting of these officers was also required to be mentioned in the affidavit.

Thereafter, an affidavit dated 08.10.2020 of Deputy Secretary, Department of Home Affairs and Justice, Punjab was filed wherein details of 1326 police officers/officials have been set out who are facing criminal cases.

Court's Order on 28^th October

The counsel for the petitioner filed replication to the aforesaid affidavit stating that entire information as sought by this Court by order dated 03.09.2020, had not been forth coming as there are several other police officers, who are facing criminal cases and some of them are continuing in service even after their conviction.

In this context, the Court ordered,

"The Additional Chief Secretary, Department of Home Affairs and Justice, Punjab, is directed to file an affidavit setting out the details of the FIRs registered against the serving police officers of all ranks in the State of Punjab including their nature and status along with the current posting of the officers. It shall also set out as to how many officers who have been convicted by a Court of law are continuing in service."

The Court further directed that affidavit shall also state as to what is the rationale in re-instating/allowing the continuance of police officers, who are facing criminal cases and those who have been convicted.

The matter has been listed for further hearing on 16.11.2020.