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Punjab & Haryana High Court to Government: State Reason for Reinstating Officials with Criminal Cases Filed against Them

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In the case of Surjit Singh v State of Punjab and Others, Mr. Justice Anupinder Singh Grewal, ordered Addl. Chief Secretary, Department of Home Affairs and Justice, Punjab, to set out all details of FIRs registered against the serving police officers of all rank, by filing an affidavit against whom a criminal case is filed and what is the rationale in allowing the continuance of service such police officers/officials. 

Facts of the case

Learned counsel for the petitioner contended that the petitioner is dismissed from service upon a FIR, filed against him. Still, there are many officials in the State of Punjab who is continuing their services despite the registration of criminal cases against them.

Counsels’ Submission

Learned counsel for the petitioner contended that the Court has already ordered on  3.09.2020 and directed respondent no.1 to set out all details of FIRs registered against the serving police officers of all rank, by filing an affidavit.

Current postings were also to be mentioned in the affidavit. So, it was filed on 8.10.2020 where details of 1326 officials were mentioned, who are facing criminal cases against them. 

Learned Counsel for the petitioner also filed replication of the same affidavit everything sought by order dated 03.09.2020, which had not been followed, there were several other officials, facing criminal cases and still continuing their service, even after their convictions.

Courts’ Order

The Court observed submission by counsel for the petitioner, previous order by this court on 3.09.2020, and affidavit file on 8.10.2020.

The Court ordered Addl. Chief Secretary, Department of Home Affairs and Justice, Punjab, to set out all details of FIRs registered against the serving police officers of all rank, by filing an affidavit before the next hearing i.e. on 16.11.2020.

The said affidavit must hold information as to how many officers who have been convicted and are still continuing in service, what is the rationale in allowing the continuance of such police officers. 

Click here to read the judgment.


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