Chandigarh (Gurpreet Singh): The Punjab and Haryana High Court on Thursday turned its attention to a crucial administrative question while hearing DIG Harcharan Singh Bhullar’s challenge to a CBI inquiry: Which government ultimately exercises authority over an IPS officer belonging to a state cadre?
A Bench led by Chief Justice Sheel Nagu, sitting alongside Justice Sanjiv Berry, asked the Union and state governments to produce the All India Services Act and the governing rules that define control, supervision, and disciplinary powers over IPS officers. The judges observed that although states may initiate action, the final decision-making structure needed to be clearly established.
Representing Bhullar, senior advocate Randeep Singh Rai stressed that the officer belongs to the Punjab cadre of the Indian Police Service. Therefore, he argued, any sanction for prosecution or disciplinary step must originate from Punjab. Rai cited instances involving IAS officers in which files were routed through the state government for approval, reinforcing his position that the same principle applies to IPS officers.
The matter will come up again for further consideration in the post-lunch session.
Debate over CBI authority resurfaces
The legal sparring stems from Bhullar’s contention that the CBI cannot proceed against him because its jurisdiction in Chandigarh is confined to Central government employees unless an explicit order says otherwise. His lawyers—Rai, Sangram Singh Saron and Arjun Singh Rai—have pointed to Section 5 of the Delhi Special Police Establishment Act, asserting that the agency’s presence in any territory is contingent upon a specific notification from the Centre.
They argued that no such directive empowers the CBI to investigate officers of Punjab or Haryana simply because both states operate from Chandigarh. Expanding the CBI’s reach in this manner, they warned, would effectively place state officials under a central investigative body without statutory backing.
With the court examining both the statutory scheme governing IPS service conditions and the limits of the DSPE Act, the outcome of this hearing is expected to shape the contours of CBI jurisdiction in the region.
