Constable Gurmukh Singh vs The State of Punjab and Others

A.L. Bahri, J.—This writ petition has been filed by constable Gurmukh Singh for quashing charge-sheets Annexures P-8 (dated 28.1.1991) and P-13 (dated 21.10.1991).

In both the charge-sheets, the allegation against the petitioner is that he along with others voluntarily collected Rs. 50/- each from other constable and Head constables to file writ petition in the High Court. It is not necessary to refer to different enquiries initiated before framing of the charge-sheets as no evidence was collected therein against the petitioner. However, subsequently, on complaint Annexure P-6, again enquiry was got conducted and on the report, the charge-sheet was framed. The stand of the petitioner is that such collection for having legal redress for filing writ petition in the High Court will not be a mis-conduct as covered by rule 14.25 (4) of the Punjab Police Rules.

On the other hand, stand of the respondents is also based on the aforesaid rule that any voluntary contribution collected from Constables or Head Constables would amount to mis-conduct.

Rule 14.25 reads as under :-

"14.25 (1) Police Officers are forbidden to have banking transactions of any kind with accountants in Police Offices.

(2) No Police Officer shall borrow money from, or become indebted either directly or indirectly, to any other police officer or to any agent, connection dependent, relation or surety of any other police officer.

Similarly, no police officer shall borrow money from or become indebted to any native of India residing or carrying on business in the district in which such police officer may be serving; provided that this rule shall not apply to ordinary shopt debts.

(3) No Police officer shall, either directly or indirectly, lend money to any other police officer, and all police officers are prohibited from lending money at interest, whether directly or through relatives or other agents, to land-holders, with or without security, with in the province in which they are employed.

(4) Voluntary subscriptions shall not be collected from head constables or constables for any purpose without the sanction of the Inspector-General.

(5) Police Officers shall report to their immediate superiors any case of insolvency or hopeless indebtedness amongst their subordinates.

(6) Gazetted Officers are forbidden under pain of dismissal from taking loans from or placing themselves under pecuniary obligations to persons subject to their official authority or influence or residing, possessing property, or carrying on business within the local limits within which such gazetted officers are appointed."

Sub-rule (4) read in the context of other sub-rules of Rule 14.25 as reproduced above means that officers higher in rank shall not collect voluntary subscriptions from Head Constables and Constables for any purpose without the sanction of the Inspector General. It does not prohibit voluntary collections made by Head Constables and Constables themselves.

Constitution of India secures to all the citizens of India, justice, social, economic and political. Judicial set up under the Constitution from Supreme Court to the sub-ordinate Court is to achieve the object enshrined in the Preamble of the Constitution aforesaid. Courts are open to a11 the citizens. Head Constables and Constables of the police force are also at liberty to approach the Court for securing justice. Sub-rule (4) of Rule 12.25 of the Police Rules if correctly interpreted does not put any embargo on the right of Head Constables and Constables to approach the Court.

Rule 12.25 of the Police Rules provides for different types of misconducts. The recourse to the legal proceedings can be had by one police constable or more police constables collectively if their grouse is common. If certain collections are made by those aggrieved constables, to meet out the litigation expenses the same would not amount to misconduct under Rule 12.25 (4) of the Rules. Such an act, even otherwise does not infringe any law or rule relating to functioning of police force as such. That being the position, the petitioner could not be charge-sheeted for his act of collecting amount of Rs. 50/- each from other constables, to approach the Court for redress of their grievance.

For the reasons recorded above, this writ petition is allowed. Charge-sheets Annexures P-8 and P-13 and other proceedings, if any, in connection therein, are quashed. The petitioner will get costs which are quantified at Rs. 1,000/-.