The Punjab and Haryana High Court at Chandigarh has delivered a detailed ruling addressing whether convicted police officers can be awarded punishments less severe than dismissal and the extent of review powers under the Punjab Police Rules, 1934. Justice Jagmohan Bansal, pronouncing the judgment on September 23, 2025, clubbed two petitions involving similar questions of law.
Background
The lead petitioner, Krishan Kumar, a former constable, was dismissed after his conviction in a 2001 custodial violence case. Though acquitted of murder charges, he was sentenced to three years imprisonment under lesser offences. '
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He argued that co-accused officers, including SI Gharsa Ram and EHC Kuldeep Singh, were granted relief in the form of compulsory retirement. His plea sought parity. Another petition by Balwati raised similar concerns over the maintainability of "mercy petitions" filed under the Police Rules.
Court's Observations
The bench scrutinised Rule 16.2(2) of the Punjab Police Rules as applicable in Haryana, which mandates dismissal if an officer is sentenced to rigorous imprisonment exceeding one month. The State Home Secretary had earlier argued that discretion exists, citing Supreme Court precedents. The DGP, however, took the opposite stand, insisting that no discretion remains once imprisonment crosses the one-month threshold.
Justice Bansal sided with the DGP’s interpretation, observing:
"Authorities cannot exercise discretion in a mandatory provision. The first part of Rule 16.2(2) is clear dismissal follows."
On the second issue, the Court clarified that review powers under Rule 16.28 extend only to disciplinary "awards" by subordinate officers, not to appellate or revisionary orders.
"If appellate decisions could be reopened through review, it would cause disharmony and render the appeal process meaningless," the bench remarked.
On remand powers, the Court ruled categorically that reviewing authorities cannot remand matters back to lower authorities. Instead, they must either modify, annul, or enhance the award after their own inquiry.
Decision
Concluding, the Court held:
- Police officers sentenced to more than one month’s rigorous imprisonment cannot be awarded punishment other than dismissal.
- Review under Rule 16.28 of the Punjab Police Rules is not maintainable against appellate or revisionary orders.
- Reviewing authorities lack power to remand cases back to subordinates.
The petitions were accordingly disposed of with these clarifications, reinforcing a strict interpretation of disciplinary powers within the police service.
Case Title:- Krishan Kumar @ Krishan Lal vs. State of Haryana and Others
