A Lucknow bench of the Allahabad high court declined to allow a police constable to grow a beard. “As such, it is not only wrong behaviour but the same is misdemeanour, misdeed and delinquency of the cop,” the court observed while rejecting a writ petition filed by police constable Mohammad Farman.
The bench comprising Justice Rajesh Singh Chauhan also held that refusal to cut the beard despite instructions from higher officials is a violation of the circular issued on October 26, 2020, by the Director-General of Police.
Constable Mohammad Farman had challenged his suspension of November 5, 2020, and chargesheet issued against him on July 29, 2021.
The Senior Superintendent of Police (SSP), Ayodhya, had taken action against him for sporting a beard despite being given instructions to shave it following the DGP circular of October 26, 2020, which prohibits a cop in the police force to keep a beard.
The court also observed that growing a beard by a member of the disciplined force may not be protected under Article 25 of the Constitution of India.
Rebutting the plea that maintaining a beard is a fundamental right of the petitioner, the bench observed, “Article 25 of the Constitution of India does not confer absolute right in this regard. All the rights have to be viewed in the context and letter and spirit in which they have been framed under the Constitution. As a matter of fact, rights guaranteed under Article 25 of the Constitution of India have in-built restrictions.”
“This is a domain of competent authority to issue guidelines in respect of wearing the proper uniform and keeping the appearance in a manner required for the members of the disciplined force and no interference should be done, in as much as, maintaining and wearing proper uniform as well as maintaining physical appearance is one of the first and foremost requirements of the members of disciplined force,” the court said.
Dismissing the petition, the bench directed the authorities to conduct and conclude the departmental inquiry against the petitioner.
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Rushda Fathima Khan is the Staff Reporter for The Cognate.
