DGP Can Review Disciplinary Action Exonerating Officer Within Reasonable Time When No Time Period Prescribed Under Punjab Police Rules: High Court

The Punjab and Haryana High Court has held that the Director General of Police (DGP) is empowered to review disciplinary proceedings, including orders exonerating police officers, within a reasonable period, even if no specific time frame is prescribed under the Punjab Police Rules.

In the present case, the charge sheet was filed against the Police Officer in 2017 and the inquiry officer submitted his report on the same year. The Officer was exonerated. The Disciplinary Authority sent its report to higher authorities confirming exoneration of the petitioner. In 2024, the DGP directed Inspector General of Police (IGP) to review order passed in 2017. Hence, the IGP issued show cause notice in 2024.

Justice Jagmohan Bansal said, "The jurisdictional Inspector General of Police issued show cause notice on 19.09.2024, means after more than 7 years from the date of passing order by Disciplinary Authority. By no stretch of limitation, the said period can be considered reasonable in the facts and circumstances of the instant petition."

The Court added that there was no change in the facts and circumstances of the case and there is no allegation against the petitioner that disciplinary proceedings were dropped on account of fraud committed by him or malpractice on his part.

In the absence of these circumstances, the respondent was bound to exercise power of review "within reasonable period of limitation" which in the instant case could not be more than 3 years.

The judge also considered that the petitioner is going to retire in 2026 and he is working as Inspector since 2023. Demotion is going to adversely affect his career.

Referring to Punjab Police Rules, the Court said, the higher authority is competent to annul the order passed by his subordinate and before annulling the same, he may conduct further investigation or direct to be conducted, however, higher authority has no right to annul the order passed by his subordinate and thereafter order to conduct Denovo departmental enquiry.

"No limitation period has been prescribed under Rule 16.28 of the 1934 Rules, however, it is settled proposition of law that where no limitation period is prescribed, authorities are bound to act within reasonable period. The reasonable period depends upon facts and circumstances of each case," the Court added further.

In the present case, the Court pointed that show cause notice was issued to the Police Officer, 7 years after he was exonerated.

It noted further that there was no change in the facts and circumstances of the case and there is no allegation against the petitioner that disciplinary proceedings were dropped on account of fraud committed by him or malpractice on his part.

 Stating that the respondent was bound to exercise power of review within reasonable period, the Court set aside the show cause order.

Mr. R.K. Malik, Sr. Advocate, with Mr. Ankur Sheoran, Advocate, for the petitioners.

Mr. Raman Sharma, Addl. A.G., Haryana.

 Title: Inspector Prithvi Singh v. State of Haryana and others

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