Person Involved In Minor Offences Should Not Be Deprived Of Appointment In State Services: Punjab & Haryana High Court

The Punjab and Haryana has held that persons involved in minor offences should not be deprived of the opportunity to serve in state services.

The development comes while upholding the validity of a provision of the Punjab Police (Haryana Amendment) Rules, 2015, which denies appointment to candidates against whom the charges have been framed for offences punishable with imprisonment for three years or more.

Justice Sanjeev Prakash Sharma and Justice Meenakshi I. Mehta referring to Punjab Police Rules said,

"For minor offences, which are punishable for less than three years, the State authorities have taken a lenient view and rightly so as in such circumstances, a person may get involved in minor offences which may be beyond his own control and for the said purpose, he should not be deprived of his rightful claim for earning his livelihood and appointment in the State services."

Speaking for the bench Justice Sharma said, the Rule is within the four-corners of the purpose sought to be achieved. "The same also does not give any unbridled power to the Authority to deny any person of his rightful claim of consideration for appointment and only limits a person against whom the charges have been framed," added the bench.

The Court was hearing the plea challenging the Rule 12.18(3)(b) of the Punjab Police (Haryana Amendment) Rules, 2015, whereby the provisions have been made for denial of appointment to the candidates against whom the charges have been framed for offences punishable with imprisonment for three years or more.

Senior counsel appearing for the petitioner submitted that the condition laid down in the Rules does not have any nexus to the purpose sought to be achieved and deserves to be declared ultra-vires.

A charge may be framed on presumption and for that purpose alone, the person may not be deprived of his rightful claim for appointment once he has been selected under an advertisement, he added.

After hearing the submissions, the bench noted that the Rule, comprehensively takes into consideration all the aspects with regard to the candidature of a person who may apply for the post under the Haryana Police Services.

It opined that the rule-making Authority has taken into consideration the cases where the nature of offence is such where the punishment is to be of three years or more. "Therefore, the gravity of the offence has been taken into consideration while framing the afore-said Rule."

Perusing the Rule, the Court highlighted that, "it is apparent that the State Government does not want to give appointment to any person who may be involved in the offences of such a nature which are culpable of moral turpitude or of such a nature which are punishable with imprisonment of three years or more."

Stating that, "the rule-making Authority not only has a right to frame such a rule but the same is in consonance with the purpose sought to be achieved of having clean character of an individual specially for those who are to join police services," the Court dismissed the plea.

Mr. Atul Lakhanpal, Senior Advocate with Ms. Caral and Ms. Shikha Charak, Advocates for the petitioner.

Title: Vinod Kumar v. State of Haryana and others

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