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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
JAGMOHAN BANSAL
Sikander – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Jagmohan Bansal, J.
The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of: -
i. order dated 18.12.2017 whereby he was dismissed from service;
ii. order dated 31.05.2018 whereby his appeal was dismissed; and
iii. order dated 04.05.2022 whereby his revision petition was dismissed.
2. The petitioner joined Haryana Police Force as Constable on 28.10.2000. He was implicated in FIR No.413 dated 15.12.2015 under Sections 148, 149, 323, 325, 506 & 307 of Indian Penal Code, 1860 (for short 'IPC') and Sections 25, 54 & 59 of Arms Act, 1959 registered at Police Station Kurukshetra University, Kurukshetra. He was arrested on 08.02.2016. The department suspended him on 16.02.2016. He was awarded punishment of stoppage of five increments. He preferred appeal which came to be dismissed. He was convicted vide judgment dated 08.08.2017 passed by Additional Sessions Judge, Kurukshetra in the aforesaid FIR. He was awarded sentence. On account of judgment of conviction and sentence, he was dismissed from service vide order dated 18.12.2017 w.e.f. 08.08.2017. He preferred appeal against judgment of conviction. This Court suspended h
The suitability of reinstatement following dismissal for misconduct, contingent on criminal conviction and statutory rules.
Departmental proceedings must adhere to fair process, especially post-acquittal, ensuring that dismissals are justified and not arbitrary.
The central legal point established in the judgment is the mandatory nature of dismissal of a police officer upon conviction and imprisonment, as prescribed in Rule 16.2(2) of the 1934 Rules.
A police officer convicted of a criminal charge must be dismissed from service as per Rule 16.2 of the Punjab Police Rules, with no discretion for lesser punishment.
Dismissal of a police officer must consider length of service and pension rights, as mandated by Rule 16.2 of the Punjab Police Rules.
Dismissal from service without conducting a mandatory inquiry violates Articles 311(2) of the Constitution and Rule 16.24 of the Punjab Police Rules.
Dismissal of a police officer must consider length of service and pension rights, and should only occur for gravest misconduct or cumulative misconduct.
Acquittal in criminal proceedings does not automatically protect a police officer from departmental action, but exceptions in the relevant rule must be considered to avoid discrimination and uphold t....
The court affirmed that its jurisdiction in disciplinary matters is limited, focusing on procedural adherence and not reappraising evidence unless the punishment is grossly disproportionate.
Acquittal in criminal proceedings necessitates a review of departmental punishment under Punjab Police Rules, 1934, ensuring procedural compliance by authorities.
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