An affidavit was filed before the court by the Department of Home Affairs and Justice which indicated that some police officials were even convicted in drug cases, but continuing in service after the suspension of conviction.
The affidavit adds that one police official, sentenced to life imprisonment in a kidnapping and murder case under Sections 364, 342, 302, 201 and 120-B of the IPC, was serving sentence at the Patiala Central Jail.
“The dismissal of a government employee cannot be automatic merely on the registration of an FIR against him/her.” Policing the police, the HC had earlier called for details of accused and convicts in uniform.
The affidavit also stated: “It is for the punishing authority to decide each and every case and the quantum of punishment to be inflicted on the convicted employee keeping in view the gravity of conduct that led to his conviction on criminal charge.”
The government justified keeping those cops in service by relying on a HC judgment, which claimed that the HC categorically observed that no Constitutional provision or rule provides that a govt employee has to be dismissed in case of conviction in a criminal matter.
3 SPs, 2 DSPs, 8 ASIs, 2 inspectors, 13 head constables and 75 constables were included in these 103 cops who have been convicted of a criminal offence.