HP Police faces scrutiny over disciplinary practices after judicial setbacks and actions against 15+ personnel. The suspension of the police orchestra in-charge, Inspector Vijay Kumar, for monetising music online has sparked debate on fairness.
A series of judicial setbacks, constitutional scrutiny and disciplinary actions against more than 15 police personnel in recent months have brought the functioning of the Himachal Pradesh Police under the spotlight, sparking debate over disciplinary practices, procedural fairness and administrative decision-making under the state’s police leadership.
Orchestra Chief’s Suspension the Latest Flashpoint
The latest flashpoint is the suspension of Inspector Vijay Kumar, the in-charge of the Himachal Pradesh Police’s celebrated Harmony of the Pines orchestra, over allegations of engaging in private commercial music activities and monetising content on social media platforms without obtaining prior departmental permission. Police Headquarters ordered his suspension after finding his reply to a show-cause notice unsatisfactory. The notice had sought details regarding permission for producing and promoting private music albums and disclosure of income earned through YouTube, Facebook, Instagram and other digital platforms. A regular departmental inquiry has been entrusted to Deputy Superintendent of Police Kamal Kishore, who has been directed to submit his findings within three months. While the department has maintained that the action is based on alleged violations of service conduct rules, the suspension has triggered widespread discussion within police circles. Several officers have privately questioned whether disciplinary standards are being applied uniformly, with some pointing to the existence of other police personnel operating active social media platforms without facing similar action. Others maintain that the departmental inquiry should be allowed to reach its conclusion before any opinion is formed.
High Court Quashes Dismissal Orders
The suspension comes at a time when the Police Headquarters has already faced significant judicial scrutiny. In a judgment delivered on June 30, the Himachal Pradesh High Court quashed dismissal orders issued against several police personnel after holding that the extraordinary powers under Article 311(2)(b) of the Constitution had been invoked without adequate justification. The Court observed that dispensing with a departmental inquiry is an exceptional measure and cannot be exercised merely on assumptions or administrative expediency. The judgment stressed that principles of natural justice cannot be bypassed except in exceptional circumstances specifically contemplated under law. The ruling has reignited debate over the manner in which disciplinary proceedings are being initiated and executed within the department.
NCSC Probes Caste Discrimination Complaint
Further adding to the challenges confronting the police leadership, the National Commission for Scheduled Castes (NCSC) has initiated proceedings on a complaint filed by Deputy Superintendent of Police Vijay Kumar. The Commission has issued a notice to the Director General of Police under Article 338 of the Constitution after the officer alleged caste-based discrimination and administrative harassment. The matter remains under consideration before the Commission, and no conclusions have been reached.
Concerns Over Uniformity in Disciplinary Actions
The recent developments come against the backdrop of a series of disciplinary actions involving officers across various ranks. According to departmental sources, more than 15 police personnel, including inspectors, sub-inspectors, assistant sub-inspectors, head constables and constables, have either been suspended, transferred under disciplinary circumstances or subjected to departmental inquiries during the past few months. Among those who have faced disciplinary action or transfers include Inspector Virochan (Police Station Dhalli), Inspector Vivek (transferred to Kumarsain), Superintendent of Police Rajesh Verma, Inspector Vikas (New Shimla), Sub-Inspector Kalyan (New Shimla), Sub-Inspector Rakesh (Rohru), Assistant Sub-Inspector Sanjay (DPCR Shimla), Assistant Sub-Inspector Ravinder, Inspector Vijay Kumar (Khaki Orchestra), Head Constable Neetu, Sub-Inspector Netar Singh (transferred from Boileauganj to Chopal), Inspector Ajesh (Chopal), Inspector Jaidev, besides around 15 constables and head constables who have reportedly faced suspension or disciplinary proceedings in recent months. Police sources acknowledge that disciplinary action is a routine administrative function necessary for maintaining discipline within the force. However, several serving and retired officers have expressed concern over what they describe as uneven enforcement of disciplinary norms. They argue that while junior and middle-ranking officers are often subjected to immediate action for alleged procedural lapses, instances involving larger administrative failures or decisions at higher levels do not always attract comparable scrutiny.
Among the issues cited by some officers are the handling of high-profile investigations, administrative decisions relating to recruitment, and other operational matters that have subsequently become the subject of litigation before courts. One such matter concerns Superintendent of Police Rajesh Verma, who obtained interim relief from the Himachal Pradesh High Court after challenging disciplinary proceedings initiated against him. The matter remains pending adjudication before the Court.
Experts Weigh In on Institutional Credibility
Legal experts say the convergence of High Court interventions, departmental inquiries and proceedings before a constitutional body has placed the administrative functioning of the Himachal Pradesh Police under unprecedented public scrutiny. They note that while maintaining discipline within a police force is essential, disciplinary proceedings must withstand judicial scrutiny by adhering to statutory provisions, service rules and principles of natural justice. Failure to do so, they argue, not only weakens individual cases but also affects institutional credibility.
Senior police officers, on the other hand, maintain that all disciplinary proceedings are initiated strictly in accordance with applicable service rules and on the basis of available evidence, and that each case is decided on its own merits.
Repeated attempts by ANI to obtain a response from the Director General of Police and other senior officers at the Police Headquarters remained unsuccessful till the filing of this report. Inspector Vijay Kumar also could not be contacted for his comments despite repeated attempts.
With departmental inquiries, judicial proceedings and constitutional oversight continuing simultaneously, the outcomes of these cases are expected to have a significant bearing on future disciplinary practices, administrative accountability and governance within the Himachal Pradesh Police. (ANI)
(Except for the headline, this story has not been edited by Asianet Newsable English staff and is published from a syndicated feed.)