The Punjab and Haryana High Court recently ruled that the Director General of Police (DGP) has the authority to review disciplinary proceedings, including those that exonerate police officers, even if no specific time frame is mentioned in the Punjab Police Rules. However, this power must be used within a reasonable period, which the Court considered to be no more than three years, based on the facts of the case.
The case involved Inspector Prithvi Singh, who faced disciplinary action in 2017. A charge sheet was issued and the inquiry officer submitted his report in the same year, clearing Singh of the charges. The disciplinary authority agreed and sent the report to higher officials, confirming his exoneration.
However, in 2024, nearly seven years later, the DGP instructed the Inspector General of Police (IGP) to review the old order. The IGP then issued a show cause notice to the officer.
“The jurisdictional Inspector General of Police issued show cause notice on 19.09.2024, means after more than 7 years from the date of passing order by Disciplinary Authority. By no stretch of limitation, the said period can be considered reasonable in the facts and circumstances of the instant petition,”
— Justice Jagmohan Bansal
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The Court found that there was no new fact or allegation of fraud or misconduct by the officer which could justify reopening the case after such a long delay. Without such a reason, the review power must be used within a reasonable period. The Court stressed that a 7-year delay in issuing the show cause notice was unjustifiable.
“No limitation period has been prescribed under Rule 16.28 of the 1934 Rules, however, it is settled proposition of law that where no limitation period is prescribed, authorities are bound to act within reasonable period. The reasonable period depends upon facts and circumstances of each case,”
— Punjab & Haryana High Court
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It was also noted that the officer is due to retire in 2026 and has been serving as an Inspector since 2023. Any demotion at this stage would seriously harm his service and reputation.
The Court added that under Punjab Police Rules, higher authorities do have the power to cancel decisions of their subordinates and conduct further investigations. However, they cannot cancel an order and then start a fresh (Denovo) enquiry without a valid basis.
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Seeing no valid justification for the delay, the Court ruled in favour of the officer and cancelled the show cause notice.
“The respondent was bound to exercise power of review within reasonable period, which in the present case could not be more than three years,”
— Punjab & Haryana High Court
Senior Advocate R.K. Malik, with Mr. Ankur Sheoran, appeared for the petitioner, while Mr. Raman Sharma, Additional Advocate General, represented the State.
