HC notice to Punjab on PIL over posting of PPS officers on IPS cadre posts

The Punjab and Haryana High Court today issued notice of motion on a public interest litigation alleging violations of the Indian Police Service (Cadre) Rules framed by the Parliament with Punjab posting Punjab Police Service (PPS) officers against posts for the IPS cadre. Even officers facing criminal trials and those against whom FIRs stand registered have been posted on important positions, it has been alleged.

Taking up the matter, the Bench of Chief Justice Sheel Nagu and Justice Ramesh Kumari also fixed October 29 as the next date of hearing in the matter. The petition, filed by Simranjeet Singh, says the cadre rules notified by the Government of India have been blatantly flouted by the State. Officers chargesheeted and even convicted in cases involving moral turpitude are continuing on posts having direct public dealing.

“Furthermore, they are assigning the investigations of different cases, either as investigating officer or in a supervisory capacity. Even some officers are posted in the district where their criminal case is being tried,” the petition adds.

The plea further prays for issuance of directions to the Union of India and other respondents to take action against government employees convicted on criminal charges and to examine the eligibility of undertrial or convicted persons for appointment on government posts.

It also calls upon the court to direct implementation of modern police reforms, terming it “the need of the hour” as the Bharatiya Nyaya Sanhita, 2023, has come into force. “The commitment, devotion and accountability of the police has to be only to the rule of law,” the petitioner contends.

The petitioner also describes as a “very sorry affair of State” the fact that several PPS officers continue to be posted on IPS cadre posts. “Investigations are pending from many years. In some cases, no challan has been presented nor the cancellation submitted and the officers continue to be posted on higher ranks, including in their own home towns, against the policy,” the plea submits.

The PIL adds that instructions and service rules specifically contemplate that employees convicted of serious offences, particularly those involving moral turpitude, cannot be retained in service and must be dismissed or removed. “Yet there are officers posted on public dealing posts, who are themselves facing very serious allegations of moral turpitude, while the department is sitting tight and posting them on regular basis,” the petition claims.

It also alleges that “unfit officers” are being posted on crucial assignments such as DCP (Law and Order) and DCP (Investigation), positions requiring high competence, thereby undermining the efficiency and credibility of the police administration.