HC orders removal of all convicted Punjab policemen
Taking serious note of a public interest litigation, the Punjab and Haryana high court on Wednesday ordered that all Punjab Police personnel convicted for various criminal offences be removed from service without delay. Sanjeev Verma reports.india Updated: Oct 20, 2011 00:26 IST
Taking serious note of a public interest litigation, the Punjab and Haryana high court on Wednesday ordered that all Punjab Police personnel convicted for various criminal offences be removed from service without delay.
The division bench comprising acting chief justice MM Kumar and justice RN Raina also directed the state home secretary to file a personal affidavit on the next date of hearing (November 2) confirming that no convicted police personnel - except in cases in which the conviction has been stayed in an appeal - is in the police department. The court was hearing a PIL filed by advocate-activist HC Arora.
On October 11, HT, Chandigarh had in its report (20 convicted cops continue in service,), based on information gathered under the RTI act by Arora, highlighted how state police personnel convicted in offences, such as causing death by negligence, theft and under the NDPS act, continue to remain in service or have been re-instated after being dismissed.
The court on Wednesday also stayed a Punjab director general of police circular dated May 18, 2010 that stated that no police official convicted for criminal offence for which the sentence prescribed under the Indian Penal Code is less than three years, should be removed from service.
The petitioner submitted details of convicted police officials, on the basis of information gathered under the RTI act. They comprise one deputy superintendent of police, one inspector, two sub-inspectors, three assistant sub-inspectors, 12 head constables and 21 constables.
Arora told the bench that under Rule 16.2 (2) of the Punjab Police rules, it has been provided that: "An enrolled police officer convicted and sentenced to imprisonment on a criminal charge shall be dismissed, provided that in case the conviction of a police officer is set aside in appeal or revision, the officer empowered to appoint him shall review his case keeping in view the instructions issued by the government in this behalf."
The bench was informed that several convicted policemen have been retained in service on the grounds that their appeal against conviction is pending, and have been granted bail.