State lays down code for dismissal of errant cops

These guidelines have been framed by the Punjab government after having earned strictures from the Punjab and Haryana High Court for not coming up with a policy to take action against tainted police officers. In a meeting attended by the home secretary,the chief secretary,representatives of the personnel department and other top officers of the state,the state has framed guidelines deciding punishment to be awarded to tainted police officers. The decision has been taken in the wake of a pending public interest litigation (PIL) arising out of a suo motu notice taken by the High Court on posting of tainted police officers on public postings in various cases. The case is listed for resumed hearing on Thursday.

In cases where “a police officer/official is convicted on a criminal charge and awarded punishment less than three years,punishment other than dismissal may be awarded”. While considering the punishment to be imposed in such cases,the competent authority shall assess the suitability of the officer/official; his general efficiency; his service record and such other factors so as to arrive to a conclusion as to which punishment may be awarded. Before imposing any such punishment,a show-cause notice shall be issued to the concerned officer.

Significantly,the Punjab government has made an “exception” for those police officers who are facing criminal prosecution for an offence committed during the period of militancy in the state or have been convicted by a court for such offence but the conviction has been stayed by the appellate court. Exceptional cases and instances where a police officer’s conviction is less than three years will be decided by the punishing/appellate authority. The members of such authority will vary as per the designation of the “tainted” official.

The second category made by the state government is that of disciplinary cases where departmental punishment will be awarded. The sub-categories under this head are willful absence wherein when an enrolled police officer willfully absents for 90 days or more continuously,even if total instances of his absence are less than five,punishment of dismissal from service may be awarded.

Police officers “indulging in spying,smuggling and anti-national activities” will be dismissed from service. Those causing “indiscipline among fellow policemen,going on strike or mass casual leave and spreading disaffection against the government,promoting feeling of enmity/hatred between different classes of citizens” will also be awarded dismissal from service.

If a police officer is an under-trial or a convict and willfully escapes from police custody,he will be dismissed from service. Also “habitual drunken misbehaviour in public place while on duty” will cost the errant police officer his job. If a police officer “willfully” looses government property concerning security of the state,including wireless sets,official laptops,hard discs and classified documents,he will be dismissed.

Significantly,the state has decided that deputy superintendents of police (DSPs),superintendent of police (SPs) and senior superintendent of police (SSPs) may not be posted in the range where criminal/departmental proceedings are pending against them.

However,each case will be assessed on the facts and circumstances peculiar to it,the state has decided. Also,the competent authority will take into consideration the last five annual confidential reports (ACRs) of the official in question. In pursuance of a meeting headed by Chief Minister Parkash Singh Badal last month in this regard,Monday’s meeting was to fine tune the guidelines.

Curated For You

Kapil Sharma admits facing pressure from Netflix on The Great Indian Kapil Show: ‘Hisaab dena hota hai’

At 10.2°C, Kolkata records coldest January day in 12 years: Here’s what IMD forecast for Bengal says

Shark Tank judge Mohit Yadav raised Rs 1 cr by mortgaging house, built business worth Rs 2955 cr: ‘Feared my family won’t even have a home’