HC slams Punjab for 'misusing power'
Saurabh Malik
Chandigarh, June 14
The Punjab and Haryana High Court has rapped the state for apparently misusing power in a case where a police official was dismissed from service during the pendency of a departmental inquiry. Setting aside the order, Justice Jaishree Thakur ruled even the instructions issued by the DGP on the issue of practicability of holding an inquiry were apparently not followed in letter and spirit.
The ruling by Justice Thakur came on a petition filed against Punjab and other respondents by Surinder Kumar through counsel RS Bajaj and Sidakjit Singh Bajaj. He was seeking the quashing of order dated November 9, 2021, whereby he was dismissed from service.
Describing the order as illegal and arbitrary, the counsel submitted that the petitioner registered a case against a person under the provisions of the Excise Act during his posting at Sahnewal police station in Ludhiana. The person was having close link with SHO Inderjeet Singh, who in turn had good relations with Jashandeep Singh Gill, ACP (South), Ludhiana Commissionerate.
In an attempt to save the person, Inderjeet registered a false FIR alleging recovery of 500-gm ganja from the person. But the petitioner after taking Rs 40,000 bribe showed the recovery of 12 illegal liquor bottles. During the investigation, ganja, Rs 18,500 bribe money and 12 bottles of illegal liquor were allegedly recovered from the petitioner.
Taking into consideration the DGP’s letter on the practicability of holding an inquiry and the framing of charges against the petitioner, Khanna SSP dismissed the petitioner from service.
Justice Thakur asserted: “It appears that the present case is a glaring example of misuse of the power conferred on the authority. In this case, an inquiry was already being held. Five witnesses had been examined and the investigating officer was to be examined. However, before the inquiry could be concluded, the petitioner was dismissed by the impugned order on the basis of the instructions issued by the DGP.
