Punjab and Haryana High Court Orders Review of Police Officer's Downgraded ACR

Court Questions Administrative Actions in ACR Revision Following Censure for Bribery

The Punjab and Haryana High Court has intervened in a contentious issue concerning the downgrading of an Annual Confidential Report (ACR) for a police officer, Bijender Singh, in the Haryana Police. The officer's ACR, initially noted as 'disciplined,' 'honest,' and 'reliable,' was later revised to reflect adverse remarks following a departmental punishment of censure for accepting a bribe.

The case, Bijender Singh v. State of Haryana, was presided over by Justice Jagmohan Bansal. The court examined the legality of downgrading the ACR based on the officer being censured for accepting a bribe of Rs. 1,000. The incident came to light when a video of Singh accepting the bribe went viral, prompting departmental proceedings. Although found guilty of the misconduct, Singh was awarded a minimal penalty of censure, and his ACR for the period from April to December 2020 was initially recorded with positive remarks.

The petitioner, Bijender Singh, argued against the downgrading of his ACR, asserting that the actions taken by the jurisdictional Superintendent of Police were unlawful. He contended that the ACR, recorded five years prior, should not have been modified without proper justification. The downgrading was executed following a show-cause notice issued by the respondent based on new regulations and government instructions.

Justice Bansal directed the Director General of Police, Haryana, to review the actions of the Superintendent of Police responsible for the initial ACR recording and the imposition of the censure punishment. The court emphasized the importance of administrative accountability and propriety in disciplinary actions, highlighting the power of higher authorities to review decisions under Rule 16.28 of the Punjab Police Rules, 1934.

The court's order underscores the necessity for transparency and fairness in administrative processes, particularly in disciplinary actions within law enforcement agencies. The case has been adjourned until October 14, 2025, with instructions for the Director General of Police to provide a response regarding the actions of the Superintendent involved.

Bottom Line:

Service Law - Annual Confidential Report (ACR) - Downgrading of ACR based on punishment of censure for accepting bribe - Legality of the downgrading and administrative actions under scrutiny.

Statutory provision(s): Articles 226/227 of the Constitution of India, Rule 16.28 of Punjab Police Rules, 1934

Bijender Singh v. State of Haryana, (Punjab and Haryana) : Law Finder Doc Id # 2787181