State authorities should avoid dismissing police officers after registering an FIR; they can suspend them instead: P&H HC

The Punjab and Haryana High Court held that after filing an FIR against police officers, state authorities should avoid dismissing them and may instead consider suspension.

In this context Judge Jagmohan Bansal noted: “The respondent authorities should avoid dismissing a police officer soon after registration of an FIR. He can be suspended under Rule 16.19 of the Punjab Police Rules, 1934. The administrative inquiry can be deferred but should not be mechanically dismissed.”

The court was hearing seven petitions with common issues relating to Punjab Police officers who were dismissed from service and later reinstated. Specifically, these officers were paid for the period from their dismissal to their reinstatement.

The Court observed that the relevant SSP often dispenses with mandatory investigation while registering FIRs against police officers. Under Article 311(2) of the Indian Constitution, an investigation can be dispensed with only under certain conditions: (i) if the person has been convicted of an offence, (ii) if it is not reasonably practicable to conduct an investigation, or (iii) if the President or Governor considers it expedient for the security of the State. The Court observed that the mere finding “It is not practical to conduct an investigation” does not conform to the Constitution or the Punjab Police Rules, 1934.

The court stressed that waiving an investigation should be the exception rather than the rule and suggested that suspension and subsequent investigation should be considered rather than immediate dismissal.

Referring to the Basic Rules and PCS Rules 7.3 and 7.3A, the Court held that the competent authority must determine the salary of reinstated workers who have not been fully relieved of their duties and ensure that they receive at least the minimum subsistence level.

Case Title: Iqbal Singh v. State of Punjab and Others.

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