High Court asks Punjab DGP to take action against DSP if required

The Punjab and Haryana High Court has asked Punjab Director-General of Police to take concrete and effective action against DSP Gursher Singh or any other official if found at fault in investigating a case involving serious threats allegedly made by a “gangster”.

The direction came after Justice Sandeep Moudgil took strong exception to the handling of a protection plea by the police. The Bench, among other things, was told that DSP Gursher Singh ignored calls by the complainant-petitioner. He allegedly told the complainant-petitioner not to repeatedly disturb him, the Bench was told.

Justice Moudgil asserted the DSP’s conduct was under cloud during the course of investigation, following which the Mohali SSP assured the court of necessary action against him and other erring officials. A perusal of the status report filed subsequently depicted that a show-cause notice was issued to DSP Gursher Singh. He was asked to explain why departmental action be not recommended against him. He was also stated to have been transferred from DSP Special Cell, Mohali, to DSP 9th battalion, PAP, Amritsar, divesting him of investigation in the matter.

An attempt was apparently made to explain the position and satisfy the court that departmental action was being taken against DSP Gursher Singh. But neither the show-cause notice was placed on record, nor were the provisions explained under which the proposed action was initiated.

It is not known to the law as to before taking any departmental action a show-cause notice is required to be issued asking the officer concerned to explain as to why departmental action be not taken against him, whereas straightaway show-cause notice ought to have been issued under the relevant service rules for dereliction in duty as was observed in the status report,” Justice Moudgil asserted.

The Bench added that it expected the authorities concerned, including the State Home Secretary and the Director General of Punjab Police to ensure action, if required, was taken in accordance with the rules governing his service conditions in letter and spirit without applying any delay tactics.

“Before parting with the disposal of the present petition, the DGP, Punjab, is requested to ensure that concrete and effective action is expected to be taken against DSP Gursher Singh or any other erring officials in the investigation whosoever was at fault and such action-taken report be furnished to the Registrar Judicial, Punjab and Haryana High Court, within a month,” Justice Moudgil concluded.