Chandigarh: High court for action against DSP, others, for ‘dereliction’ of duty
The Punjab and Haryana high court was hearing a plea from one Manmohan Singh, who had approached court in May claiming threat to his life and as he was getting threat calls and messages from gangster Lucky Patial through WhatsApp
The Punjab and Haryana high court has asked the director general of police (DGP), Punjab, to initiate action against deputy superintendent of police (DSP) Gursher Singh Sandhu or other officers for “dereliction of duty” in a probe into threat calls by gangster, Lucky Patial to a Mohali resident.
“Director general of police, Punjab is requested to ensure that concrete and effective action is expected to be taken against DSP Gursher Singh or any other erring officials in the investigation whosoever was at fault and such action taken report be furnished to registrar judicial, Punjab and Haryana high court within a period of one month from today,” the bench of justice Sandeep Moudgil observed while asking registrar judicial of the high court to place on record the report as and when filed by Punjab Police.
The court was hearing a plea from one Manmohan Singh, who had approached court in May claiming threat to his life and as he was getting threat calls and messages from gangster Lucky Patial through WhatsApp. He had also alleged inaction by Mohali police. An FIR in the case was registered on May 24.
On July 29, court had observed that role of DSP Sandhu is “under a cloud and also tantamounts to dereliction of duty”. The court’s observation had come in the wake of petitioner placing on certain documents, which revealed that certain calls had been made by the complainant petitioner to the DSP who did not respond to them. Further, no action was taken by police despite the fact that the phone number and a recorded conversation was also shared with police authorities. The then senior superintendent of police (SSP) Sandeep Kumar Garg had promised to take action in the matter during the hearing of the case.
However, when fresh status report was filed on August 13 by Mohali police it was stated that on August 8, a notice was issued to DSP Sandhu asking to show cause why departmental action should not be recommended against him. The police had also told court that Sandhu had been transferred from DSP special cell, Mohali to DSP 9th battalion, Punjab Armed Police (PAP), Amritsar and is no more connected with the investigation of the case.
Dissatisfied with the response, the court observed that an attempt seems to have been made to explain the position and satisfy the court that departmental action is being taken against DSP Sandhu but neither the show-cause notice has been placed on record, nor does it explain that under which provisions has the proposed action been initiated.
“It is not known to the law as to before taking any departmental action a show-cause notice is required to be issued asking the officer concerned to explain as to why departmental action be not taken against him whereas straight away show cause notice ought to have been issued under the relevant service rules for dereliction in duty,” the court observed asking Punjab home secretary and DGP to ensure that the action, if any required, is taken as per service rules governing his service conditions “in letter and spirit without applying any delay tactics”.