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HC upholds undertaking in police absorption case.

Chandigarh: The Punjab and Haryana high court has ruled that officers from central armed police forces (CAPF) cannot retract from undertakings given while seeking absorption into Punjab Police. The decision came as the court dismissed a plea by hockey olympian Charanjit Kumar, a former Border Security Force (BSF) officer, seeking spective absorption as a deputy superintendent of poli ce (DSP) from April 1, 1967.

Charanjit Kumar, a member of India’s gold medal-winning hockey team at the 1980 Moscow Olympics, joined the BSF as an inspec tor in 1977. He was later deputed to Punjab Police for three years, a term that was extended periodically. During this period, he was promoted in the BSF to the rank of assistant commandant, and Punjab Police granted him the equivalent status of DSP. He was absorbed into Punjab Police as a DSP for retro-mally on Jan 31, 1994.

In his plea, the olympian argued that another officer from the Central Reserve Police Force (CRPF) had been absorbed into Punjab Police as a DSP from the date she was appointed assistant commandant in her parent department. He claimed Punjab Police’s decision to absorb him from 1994, rather than 1987, was discriminatory The Punjab govt contested the petition, asserting that Charanjit Kumar had requested absorption as a DSP voluntarily via a letter dated May 30, 1991, in which he had agreed to waive his seniority. When he was absorbed formally in 1994, it was treated as a fresh appo intment, subjecting him to a two-year probationary period. The state argued that treating his absorption as retroactive to 1987 would contradict the terms of his appointment letter and undertaking. Justice Jagmohan Ban-sal, in his ruling, held that the undertaking and appo intment letter indicated a fresh appointment clearly “The appointment letter and the undertaking would become meaningless if he were treated as DSP with effect from April 1, 1987,” the court stated while dismissing the petition.

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