Police Not “Boss” Of Public Administration; Can’t Investigate Complaints Without Registering FIR/ Entering Into Formal Process

Case: Sadat Hussain Vs State of J&K.

Coram: Justice Rahul Bharti

Case No.: OWP No. 934/2013

Court Observation: “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 said 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”.

“It is strange that the author of the anonymous complaint in the complaint has no where mentioned the fact as to why he/she has chosen to address the complaint directly to the Superintendent of Police, Doda and not to the Chief Engineer concerned and there is also no reference in the complaint that the complainant had in fact first apprised the Chief Engineer concerned or the superior officers of the petitioner about the alleged acts of omission and commission on the part of the petitioner related to his official status and position. This aspect does show that the said anonymous complaint was nothing but a set up aimed to harass a public servant”

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