SNE NETWORK.CHANDIGARH.
The Punjab-Haryana High Court has cancelled the order to make ASI a constable. The High Court said that if such a harsh punishment is given for discharging duty, then police officers will be afraid to take action against those who break the law. The High Court has cancelled the punishment of demotion and restored the punishment of stopping two increments given earlier.
In the case, the petitioner Sham Kumar told the High Court that he was recruited as a constable in Punjab Police in 1989. Gradually, through promotion, he became an ASI. During his duty, he stopped a minor boy driving a vehicle. During the investigation, two condoms were found in the storage box of the scooty. After this, the police called the boy’s father, who scolded his son on the spot. Two-three days later, the boy committed suicide.
Demotion without issuing notice
After the incident, departmental action was started and Sham Kumar was punished by cutting two increments. He appealed against this punishment first before the appellate authority and then before the Home Secretary. The Home Secretary, without issuing any notice, increased his punishment and demoted him as a constable.
The High Court made this comment
Delivering the verdict on Sham Kumar’s appeal in the High Court, Justice Jagmohan Bansal admitted that the petitioner had taken action while discharging his duties. He neither stopped the vehicle illegally nor took any child into illegal custody. The court said that under the Punjab Police Rules, the government has the right to review the sentence, but it can be exercised only after following the proper procedure, which includes notice and opportunity to be heard.
In this case, neither notice nor any opportunity was given to the petitioner. Justice Bansal said that if such action is justified, then in future any police officer will be afraid to take action against those who break the law.