Excelsior Correspondent
JAMMU, Aug 8: High Court has held that police is not supposed to act as if super boss of the public administration system and cannot investigate the complaints without registering FIR or entering into formal process.
A bench of Justice Rahul Bharti was hearing a plea in terms of which the petitioner employed as a Junior Engineer in PHE Department had called in question a course of action in which the Superintendent of Police Doda had entertained an anonymous complaint addressed against him and the action of SHO addressing the impugned letter to the petitioner’s Head of the Department asking for information concerned the petitioner.
After hearing the counsel for the petitioner, Justice Bharti observed, “the petitioner is a public servant. In case any public servant is to be subjected to a surveillance mode by a rank holder police official on the pretext of a complaint received without first entertaining the complaint into a formal process then surely the very confidence of the public servant in acting and doing his duty will be subjected to a paralysis”.
“A police is not supposed to act as if super boss of the public administration system. The impugned communication by the SHO, Police Station Doda to the Executive Engineer PHE Division Doda fails to answer the question of law as to under which provision of law the SHO ventured to act upon the anonymous complaint and make the petitioner suffer an apprehension as if he is under a surveillance”, the High Court further said.
With these observations, the High Court quashed the impugned communication.
Follow our WhatsApp channel