Punjab SP reinstated despite SC ruling

While ordering reinstatement of the controversial SP two days ago, the Punjab government also over-ruled the opinion of the then Home Secretary, Surjit Singh, who had expressed stiff opposition to the move.

Incidentally, Surjit Singh was replaced by Rajesh Chhabra as Home Secretary in the last round of transfers early this month.

Earlier, the former Punjab Chief Minister H SBrar had also reportedly rejected a similar representation moved by the SP concerned.

Sources revealed that Rajinder Singh submitted a fresh representation, which was first referred to the department of personnel for its opinion. The Personnel Department favoured reinstatement of the SP on the ground that two DSPs S P S Parmar and P S Sandhu who were dismissed on similar charges levelled during the days of terrorism, had been taken back in 1996 on the advice of the then advocate general M L Sareen. A division bench of the Punjab and Haryana High Court had disposed of the petitions preferred by the two DSPs after Sareen informed the court that the Punjab government intended to look into the matter afresh.

Later an inquiry was conducted which found the allegations false following which the two DSPs were reinstated.

In the case of SP Rajinder Singh the former Home Secretary observed that advice of the department of personnel suffered from a factual error. The DSPs were reinstated after 18 months of theSupreme Court order which rejected the petition of Rajinder Singh. Had the then Advocate General kept in mind the Apex Court8217;s view the fate of the two DSPs would have been different.

In the case of SP Rajinder Singh, the present advocate general, H S Mattewal, relied upon the observations of Sareen and conveyed that on 8220;humanitarian grounds8221; the government was competent to consider the prayer from its employees. He did not favour payment of backwages and seniority to the SP.

The office of Punjab Chief Minister Parkash Singh Badal is supposed to have referred the matter twice to the advocate general in view of the opposition expressed by the Home Department.

In the opinion of the Punjab and Haryana High Court expressed in a separate case of dismissed DSP Barinder Singh, it was not proper for the courts to sit in judgment on the matter decided by the Governor as per his competency using powers under article 3112B.

Rajesh Chhabbra, present Home Secretary, said that it was not justified to dismissany one without according him an opportunity to explain his position and added that a chargesheet would be served on the reinstated SP, following which action would be taken if required.

However, the former Home Secretary had noted that reinstatement of such nefarious officers who had committed unlawful acts like extortions, land grabbing, and abductions during the period of terrorism, would bring a bad name to the government. In those days people feared retaliation from the police officers concerned if they deposed against them. The only way left with the government to weed out bad elements from the force then was to use Article 311.