Not shaving beard despite directives wrong behaviour by member of police force: Allahabad high court

High court dismisses plea of suspended UP police constable, says police force has to be a disciplined force and, being a law enforcing agency, it is necessary that such force must have a secular image that strengthens the countenance of national integration

The Lucknow bench of the Allahabad high court has observed that not shaving beard by a member of the police force, despite there being a circular in this regard issued by higher authorities and specific directives by a senior police official to cut the beard, is not only wrong behaviour but also a misdemeanour and misdeed.

The high court said a member of a disciplined force must strictly follow the executive orders or circulars or instructions issued by the department. (PICTURE FOR REPRESENTATION)

A single-judge bench of Justice Rajesh Singh Chauhan observed on August 12: “A member of a disciplined force must strictly follow the executive orders or circulars or instructions issued by the department or by the higher authority of the department as those executive orders etc. are as good as service conditions.”

The court dismissed a petition filed by Mohammad Farman, a constable who was posted at the Khandasa police station in Ayodhya and had refused to cut his beard despite being issued orders by the station house officer.

Superintendent of police (Rural), Ayodhya, had also rejected Farman’s application seeking permission to keep his beard.

Constable Mohammad Farman was suspended on November 5, 2020, and issued a charge sheet on July 29 this year. He had challenged his suspension order and the charge sheet before the high court.

“Further, police force has to be a disciplined force and being a law enforcing agency, it is necessary that such force must have secular image which strengthen the countenance of national integration,” the court observed.

“Therefore, non-cutting the beard despite making the petitioner aware by the In-charge Station House Officer of police station Khandasa (Ayodhya) when the petitioner was posted as constable to the effect that the police personnel may not have beard as it is a violation of direction/circular being issued by the higher officials is not only a wrong behaviour but the same is misdemeanour, misdeed and delinquency of the petitioner,” the court observed.

“I hereby dismiss the writ petition being misconceived and direct the inquiry officer to conduct and conclude the inquiry against the petitioner in a manner directed above and the disciplinary authority may pass final order strictly as per law,” ordered the court.

Additional chief standing counsel Vivek Kumar Shukla appeared on behalf of the state government.