Punjab and Haryana high court declines to direct Punjab to appoint spy's son as Sub-Inspector, cites lack of policy
The court noted that in the absence of an established policy providing such appointments, it was not in a position to compel the state to act.
Justice Jagmohan Bansal has passed the orders while dismissing a plea filed by Neeraj Sharma seeking directions to set aside the order dated Feb 7, 2024, and other orders of different dates whereby the Punjab govt rejected his representations for appointment as S-I in the state police. The petitioner claimed that his father, a spy with the
Intelligence Bureau
(IB), was apprehended by the Pakistan Army in Dec 1968.
He was tried by a military court and awarded a sentence of 10 years. He was released in Dec 1974 and returned to India via the Wagah-Attari border, Amritsar.
Through an application dated Aug 6, 2008, he requested then chief minister to help him like Kashmir Singh, a Hoshiarpur resident who was jailed for nearly 35 years in Pakistan on charges of spying and released in March 2008.
Ferozepur deputy commissioner (DC), in a letter dated Nov 27, 2013, intimated that the monthly income of the family was around Rs 6,000 and they had only one house measuring 3 Marla.
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On Dec 24, 2014, the CM sanctioned financial assistance of Rs 50,000.
The petitioner submitted an application dated July 7, 2018, to the CM to give him a job like similarly situated persons. His father died on Oct 22, 2018. A communication took place between different authorities and ultimately, the petitioner, despite possessing qualifications of DPharmacy and BSc (medical), was offered the post of constable, which he took up.
However, his pleas for appointment to the higher post of S-I were rejected.
In his plea before the HC, his counsel submitted that the petitioner is a highly qualified person, and the state has offered Class-B posts to similarly situated persons. On the grounds of parity, the petitioner should be given the post of at least assistant sub-inspector instead of constable. Responding to the plea, the Punjab govt submitted that there is no policy of the state to make appointments as claimed by the petitioner.
After hearing all the parties, the bench observed that the court, in the absence of an express or implied policy of the state govt, cannot direct authorities to consider the petitioner for a higher rank, especially when he has already been offered and appointed as a constable without complying with the terms and conditions applicable to the post.
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