Division Bench Stays Single-Judge Order on Punishment for Sentenced Police Officers

Background of the Case

A division bench of the Punjab and Haryana High Court has stayed the September 23, 2025 order passed by Justice Jagmohan Bansal concerning disciplinary action against police personnel sentenced to rigorous imprisonment exceeding one month.

The division bench, comprising Justice Ashwani Kumar Mishra and Justice Rohit Kapoor, stayed the single judge’s ruling on November 13, 2025, during the hearing of an appeal filed by the state government. The stay has been confirmed by Haryana Additional Advocate General, Sanjeev Kaushik. The matter will next be taken up on January 28, 2026.

Challenge to Interpretation of Rule 16.2(2) and Rule 16.28 of the Punjab Police Rules

The Single Judge’s Findings

Justice Jagmohan Bansal had held that:

  1. The government cannot impose any punishment other than dismissal where an enrolled police officer is sentenced to rigorous imprisonment exceeding one month, as per Rule 16.2(2) of the Punjab Police Rules (PPR), 1934 (applicable in Haryana).

  2. A review under Rule 16.28 of PPR is not maintainable against appellate or revisionary orders.

  3. The reviewing authority has no power to remand a matter back to the subordinate authority.

These conclusions were directly challenged in the appeal where the division bench has now stayed the operation of this decision.

Case Facts: Conviction and Departmental Action Against Police Officials

Criminal Case and Conviction

The petitioner, a constable who joined the Haryana Police in 1985, along with colleagues, was booked in 2001 under Sections 302, 323, 342, 167, and 34 of the Indian Penal Code (IPC).

In October 2012, the trial court:

  • Acquitted them under Sections 302 and 34.

  • Convicted them under Sections 323, 342, 167, and 34.

  • Awarded three years of rigorous imprisonment.

  • Their appeals against conviction are pending before the High Court.

Departmental Dismissal and Subsequent Appeals

Following conviction:

  • The police officials were dismissed from service in November 2012.

  • Their departmental appeals and revision petitions before the appellate authority and the DGP were dismissed.

However, differential treatment emerged later:

  • The Additional Chief Secretary (ACS), Home, in December 2013, reduced the dismissal of co-accused Gharsa Ram to compulsory retirement following a mercy petition.

  • The DGP similarly converted co-accused Kuldeep Singh’s dismissal into compulsory retirement on parity grounds.

The petitioner, therefore, sought similar relief, seeking conversion of his dismissal into compulsory retirement.

HC Review: Mandatory Dismissal Under Rule 16.2(2) vs. Discretionary Power

Court’s Query to the Home Secretary

Justice Bansal asked the Home Secretary to explain how officers convicted and sentenced to rigorous imprisonment exceeding one month could legally be compulsorily retired instead of being dismissed, considering the mandatory language of Rule 16.2(2) of PPR.

Rule 16.2(2) states:
“A police officer convicted of a criminal offence involving moral turpitude and sentenced to imprisonment exceeding one month shall be dismissed.”

Stand of the Home Secretary

Two affidavits were filed:

July 2025 Affidavit

The Home Secretary argued that:

  • Even though the rule uses the expression “shall be dismissed,” Supreme Court jurisprudence requires consideration of proportionality, mitigating circumstances, and nature of offence.

  • Automatic dismissal without applying the principle of proportionality violates constitutional safeguards under Articles 14 and 21.

  • Thus, discretion must be applied while interpreting Rule 16.2(2).

September 2025 Affidavit

The Home Secretary clarified that:

  • Many police officials were unaware of the correct rule and filed mercy petitions instead of statutory representations.

  • Mercy petitions were processed under Rule 16.28 of PPR since the state government has the power to review decisions of the DGP.

Statutes, Constitutional Provisions and Judicial Precedents Involved

Relevant Statutes

  1. Punjab Police Rules, 1934 (as applicable to Haryana)

    • Rule 16.2(2): Mandatory dismissal upon imprisonment exceeding one month.

    • Rule 16.28: Review powers of the state government over disciplinary orders.

  2. Indian Penal Code (IPC)

    • Section 323: Voluntarily causing hurt.

    • Section 342: Wrongful confinement.

    • Section 167: Framing an incorrect document by a public servant with intent to cause injury.

    • Section 34: Common intention.

Relevant Constitutional Provisions

  1. Article 14: Guarantees equality before law and prohibits arbitrary state action.

  2. Article 21: Protects life and personal liberty, including fairness in administrative and disciplinary actions.

  3. Article 311(2): Prescribes safeguards against dismissal or removal of civil servants without due process.

Key Judicial Precedents

  1. Mahender Singh v. State of Haryana (SC) – The Supreme Court has held that even where rules indicate mandatory dismissal, proportionality and facts of each case must be considered.

  2. State of Punjab v. Ram Singh, Ex-Constable (1992) – The Supreme Court explained the scope of misconduct, moral turpitude, and the employer’s discretion in disciplinary matters.

  3. Ranjit Thakur v. Union of India (1987) – The Supreme Court introduced the proportionality doctrine into administrative punishment cases.

  4. Union of India v. Tulsiram Patel (1985) – Discussed the scope of Article 311 and exceptions to procedural safeguards.

  5. Om Kumar v. Union of India (2001) – Reaffirmed proportionality as a ground for judicial review in administrative decisions.

Together, these precedents support the argument that mandatory rules must be interpreted harmoniously with constitutional principles, and courts should disapprove mechanical or automatic punishments.

Core Legal Issue: Mandatory Rule vs. Constitutional Interpretation

The central conflict in this case concerns whether:

  • Rule 16.2(2) requires automatic dismissal of a convicted police officer;
    or

  • Whether constitutional protections and principles of proportionality allow the government to impose a lesser punishment such as compulsory retirement.

The single judge adopted a strict interpretation of the rule.
The state argued for a harmonious, constitutional interpretation aligned with Supreme Court precedent.

The division bench’s stay indicates the issue is substantial and requires deeper adjudication.

Impact and Implications

Administrative Consequences

The outcome of this case will determine:

  • Whether convicted police personnel can seek lesser punishment based on mitigating circumstances.

  • The extent and scope of the state government’s review powers under Rule 16.28.

  • Whether decisions of appellate and revisionary authorities can be reviewed by the government.

Policy Implications

The ruling will also influence:

  • Police disciplinary processes in Haryana and Punjab.

  • Interpretation of “shall be dismissed” in service rules nationwide.

  • Balancing strict discipline with constitutional fairness.

Conclusion

This case demonstrates a significant conflict between strict statutory mandates in the Punjab Police Rules and evolving constitutional principles of proportionality and fairness.

With the division bench staying the single judge’s order, the issue remains open and will be revisited on January 28, 2026. The final outcome will shape future disciplinary actions involving police officers convicted of criminal offences and clarify the scope of the state government’s review powers under Rule 16.28 of the PPR.

If you want, I can also rewrite this into a LinkedIn newsletter-style version or create a shorter, shareable version.

Location: Pune, Maharashtra, India

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