Affidavit rider for GPF release illegal: High Court

Saurabh Malik

Chandigarh, March 6

The Punjab and Haryana High Court has termed “illegal and rather shocking” the action of the Punjab Police in asking dismissed police personnel, seeking the release of general provident fund (GPF), to file affidavits stating they would not seek judicial remedy for reinstatement in service.

Justice Jasgurpreet Singh Puri also asked the Chief Secretary or the Principal Secretary (Home Affairs) to take “corrective and remedial measure” after looking into the issue. The matter will now be listed for compliance after three months.

The condition

• The Bench has termed “illegal and rather shocking” the action of the Punjab Police in asking dismissed police personnel, seeking the release of GPF, to file affidavits stating they would not seek judicial remedy for reinstatement in service.

Justice Puri also made it clear that a dismissed police official was entitled to Rs 25,000 costs in one such matter. It would be paid by the respondent-state to the petitioner at the first instance. But the state would be at liberty to recover the same from the officer concerned after fixing accountability by following the procedure in accordance with law.

Justice Puri was hearing a petition by a dismissed cop seeking directions for the State of Punjab and other respondents to release the GPF. The Bench, during the course of hearing, was told that the petitioner requested the authority concerned for GPF disbursement, but was asked to furnish an affidavit/undertaking duly attested by a magistrate/notary specifically stating that he would not file any appeal/court case for reinstatement.

Justice Puri asserted: “It is very surprising to see how such kind of undertaking is taken from a dismissed employee, which is not supported by any statutory law or any other instructions etc, which otherwise could not have been issued. The more important thing which is disturbing for this court is that an officer, present in the Court, has stated that from large number of persons who have been dismissed from service, such kind of undertaking was taken.”

Justice Puri added the practice adopted by the respondent-Police Department was “oppressive, coercive, illegal and unconscionable”. It was not expected from a disciplined force of the State of Punjab to use such measures for releasing the GPF which the employee was legally entitled to.

Justice Puri added it was neither the State’s case, nor stated in the reply or argued by the State counsel that the petitioner was not entitled to GPF under any provisions of law. The only reason stated was that he was to furnish the affidavit. Allowing the petition, Justice Puri directed the State and other respondents to release the GPF the petitioner was entitled to from the date of its accrual, along with six per cent annual interest. The amount would be paid within three months. The petitioner would be entitled to future rate of nine per cent annual interest in case the amount was not paid within the period.