The Delhi High Court has said that a policeman, held guilty in a criminal case, cannot be dismissed from service till his appeal against the conviction is decided by a higher court.
The observation came after a Bench comprising Justices Madan B Lokur and Suresh Kait, rejected the government plea that it can dismiss a police officer from service even during the pendency of a first appeal against an order of conviction and sentence.
The court’s ruling came on a batch of petitions filed by Delhi Police personnel who were dismissed from their job while their appeals, against their convictions, were pending in courts. The court, however, said even if a policeman gets convicted, he cannot be dismissed. But the department can only take three types of action against him.
The department can take back the police officer in service, which is wholly unlikely, or it can treat the officer as being under suspension. It can also initiate departmental action against the convicted officer, the court said.
The Court upheld the Central Administrative Tribunal order which held that in such cases, the government should treat the convicted policemen as being under suspension other than those who are actually undergoing imprisonment.
Source:-The Times of India Delhi 27 December 2008 P. 6
For any query:- legalpoint@aol.in
Source:-The Times of India Delhi 27 December 2008 P. 6
For any query:- legalpoint@aol.in
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