No Policy To Appoint Spy's Son After Father's Death: P&H High Court Rejects Plea Of Man Whose Father Was Arrested In Pakistan For Spying

The Punjab & Haryana High Court rejected plea of a spy's son to grant him a post of higher rank after his father passed away observing that there is no such policy of Punjab Government.

The petitioner stated that he possessed a B.Sc. (Medical) degree and was offered the position of Constable after his father's death. However, being dissatisfied with the rank, he made a representation to the Punjab Government, which was rejected."

Justice Jagmohan Bansal said, "This Court in the absence of express or implied policy of the State Government cannot direct authorities to consider the petitioner for a higher rank especially when he has already been offered and appointed as Constable without complying with terms and conditions applicable to the post of Constable."

Neeraj Sharma filed a petition under Article 226 of the Constitution seeking setting aside of orders whereby the State has rejected his representations seeking post of Sub-Inspector.

Sharma submitted that his father was working as Spy with Intelligence Bureau and he used to go to Pakistan for intelligence purposes. He was apprehended by Pakistan Army in December' 1968 and was handed over to Military Security. He was tried by Military Court and ultimately awarded sentence of 10 years and released in December 1974. 

After the petitioner's father came back to India he had requested Chief Minister, Punjab to help and made an application in 2008 and in 2014 Chief Minister sanctioned financial assistance of ₹50,000.

The petitioner submitted an application in 2018 to Chief Minister, Punjab with a request to give him job like similarly situated persons and later his father passed away on 22.10.2018.

A communication took place between different authorities and ultimately, the petitioner despite possessing qualification of D. Pharmacy and B.Sc. (Medical) was offered post of Constable. His enlistment as Constable was approved vide communication in 2020.

The petitioner joined service as Constable and made representation dated 25.06.2021 to Chief Minister with a request that in view of his education qualifications, he should be given higher post like similarly situated persons. The authorities exchanged letters and his representation came to be rejected.

After hearing the submission, the Court noted that, "The respondent as per its wisdom and considering factual & family background of the petitioner offered him post of Constable which he accepted and joined."

Considering that there's no such such policy to consider his case, the Court dismissed the plea.

Mr. Puneet Kumar Bansal, Advocate for the petitioner.

Mr. Aman Dhir, DAG, Punjab

Title: Neeraj Sharma v. State of Punjab and Others

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