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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
JAGMOHAN BANSAL
Krishan Kumar @ Krishan Lal – Appellant
Versus
State Of Haryana – Respondent
| Table of Content |
|---|
| 1. disposal of petitions involving common issues. (Para 1 , 2) |
| 2. background of the petitioners' convictions and dismissals. (Para 3 , 4) |
| 3. court inquiries regarding the legality of dismissals. (Para 5 , 6) |
| 4. clarifications on mercy appeals and their judicial review. (Para 9 , 10) |
| 5. arguments regarding the nature of punishment and reviewability. (Para 12 , 15) |
| 6. court's analysis of disciplinary rules and review powers. (Para 14 , 17 , 37) |
| 7. final conclusions regarding the petitions and orders. (Para 38 , 40 , 41 , 42) |
JUDGMENT :
1. As common issues are involved in the captioned petitions, with the consent of both sides, the same are hereby disposed of by this common order. For the sake of brevity and convenience, facts are borrowed from CWP-14996-2025.
Facts
4. On account of conviction, the petitioner and other police officials were dismissed from service vide order dated 16.11.2012. They preferred appeals against dismissal order which came to be dismissed by Appellate Authority. They further preferred revision petitions before Director General of Police (for short ‘DGP’) which came to be dismissed. Co-accused-SI Gharsa Ram preferred mercy petition before State Governmen
The imposition of dismissal as punishment for police officers is not absolute; discretion based on individual case circumstances and nature of the offence must be exercised, as upheld by Supreme Cour....
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.
The main legal point established in the judgment is the importance of maintaining administrative discipline and adherence to the rules in exercising powers, as well as the improper exercise of powers....
Adverse Remarks – For a person in uniformed service like Police, adverse entry relating to his/her integrity and conduct is to be adjudged by superior authorities who record and approve such entry.
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.
Punishment of dismissal of service should be awarded for gravest act of misconduct.
The court emphasized the authority's power to enhance punishment within the specified time frame and the permissibility of disciplinary proceedings despite acquittal in a criminal case.
The principles of natural justice require an opportunity to be heard before dismissal, and acquittal in a criminal case must be considered in departmental proceedings.
Departmental punishments must not violate principles of proportionality and reasonable limitation periods.
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