Already Appointed As Constable: Punjab & Haryana High Court Dismisses Spy’s Son’s Plea For Higher Police Rank
The Petitioner had sought to set aside the Orders which rejected his representations for a Sub-Inspector position from the post of a constable.
The Punjab and Haryana High Court dismissed a Petition filed by a deceased spy’s son seeking the setting aside of Orders rejecting his request for a Sub-Inspector post, while noting that he is already appointed as a Constable without complying with the terms and conditions applicable to the post of Constable.
The Petitioner had sought to set aside the Orders which rejected his representations for a Sub-Inspector position from the post of a constable. The Petitioner’s claim was based on his father's service as an alleged Spy with the Intelligence Bureau, who was apprehended by the Pakistan Army in December 1968 while on intelligence purposes. He claimed that his father was subsequently tried by a Military Court, awarded a sentence of 10 years, and released in 1974, returning to India through Wagah Border, Amritsar.
A Single Bench of Justice Jagmohan Bansal held, “This Court in the absence of express or implied policy of the State Government cannot direct authorities to consider the petitioner for a higher rank especially when he has already been offered and appointed as Constable without complying with terms and conditions applicable to the post of Constable.”
Advocate Puneet Kumar Bansal appeared for the Petitioner, while DAG Aman Dhir represented the Respondents.
Brief Facts
The Petitioner submitted an application to the Chief Minister requesting a job similar to similarly situated persons. After his father passed away, and despite possessing qualifications of D. Pharmacy and B.Sc., the Petitioner was offered the post of Constable.
Later, the Petitioner made a representation to the Chief Minister, requesting a higher post in view of his educational qualifications, citing similarly situated persons. This representation was ultimately rejected.
Court’s Reasoning
The High Court noted, “The respondent as per its wisdom and considering factual & family background of the petitioner offered him post of Constable which he accepted and joined. He is making representations claiming higher rank. His representations stand rejected by respondent-authorities.”
The Bench noted that the Respondent, "as per its wisdom and considering factual & family background of the petitioner," offered him the post of Constable, which he accepted and joined. The Court stated that in the "absence of express or implied policy of the State Government," it "cannot direct authorities to consider the petitioner for a higher rank especially when he has already been offered and appointed as Constable without complying with terms and conditions applicable to the post of Constable".
Accordingly, the High Court dismissed the Petition.
Cause Title: Neeraj Sharma v. State of Punjab & Ors. (Neutral Citation: 2025:PHHC:072166)