The Delhi high court on Wednesday termed as “arbitrary” and questioned the legality of a Delhi police rule which allows a cop to continue his job and draw sustenance allowance despite being convicted in a criminal case.
“Why this kind of protection is accorded to a convicted police personnel? This is prevailing only in Delhi police and you will not find such a situation outside. Why is a person, who is convicted in a criminal case lodged under the Prevention of Corruption Act, allowed to continue in the job on the premise that his of her appeal against the conviction is pending?” a bench of Acting Chief Justice A.K. Sikri and Justice Rajiv Sahai Endlaw said.
The court’s remarks came during the hearing on a plea of Madhu Sankala, a Delhi police employee who was convicted and awarded three years jail term in a graft case, seeking that her dismissal from service be reversed as her appeal against conviction was pending.
“Anyway, we are dismissing your petition (of Sankala). We are on the larger issue as to why such a rule be not declared as ultra vires and struck down,” the bench said, adding, “There is a need to look into the justification of the (Delhi Police) Rule 11.”
“While dismissing the appeal, prima facie, we find that Rule 11 gives undue protection to a policeman who has been convicted in a criminal case,” it said, directing the Delhi police to consider the matter of amendment of the rule and file its response within two months.