Signing you in

A bench of Justice Ajay Mohan Goel directed the Himachal government and the state police chief to file their replies by July 31, the next date of hearing.

In his petition, filed through senior advocate Rajiv Jeewan, Kumar submitted that his social media accounts were created and operated with the knowledge and permission of the police department. He submitted that applications seeking verification of his social media accounts had been processed and forwarded to Facebook and Meta through the police department itself, indicating that the authorities had prior knowledge of his online presence.

The petition further claimed that an amount of Rs 6,794 earned through the monetised Facebook account had been deposited in the Himachal Pradesh Police Welfare Fund through a cheque.

“We argued that the allegations against us are unfounded, as the department was aware of the accounts and the income generated through them”, Jeewan said.

Kumar, who has received several awards and accolades as a singer, leads the Harmony of the Pines, the Himachal Pradesh Police’s orchestra that performs at official functions and public outreach programmes.

Kumar was suspended on July 13 for allegedly earning money through social media accounts in violation of the conduct rules applicable to government servants and members of a disciplined force. Departmental records state that he allegedly received Rs 2,510 from Facebook on February 25 and another Rs 4,284 on April 24 this year. A departmental inquiry has also been initiated against him.

The suspension order issued from the office of Commandante, 1st HPAP Battalion, Junga, in Shimla stated that the inspector violated Rule 14.33 of the Punjab Police Rules as well as Sections 86 and 87 of the Himachal Pradesh Police Act, 2007, which govern the conduct and discipline of police personnel. According to the department, his actions amounted to prima facie gross misconduct and a breach of discipline unbecoming of a member of the police force. DGP Ashok Tewari had issued a show cause notice to the petitioner and told submit departmental permission, if any, for producing, publishing and promoting his private music albums on YouTube, Facebook, Instagram and other social media platforms and income generated from such activities. It was alleged that Kumar’s reply to the notice did not address the allegations against him and was silent on any documentary proof of him taking prior permission from the competent authority for monetising the musical content.

The suspension order said that Kumar’s conduct warranted a detailed departmental inquiry and appropriate disciplinary action under the Punjab Police Rules, the Himachal Pradesh Police Act, 2007, and other applicable service rules and departmental instructions.

While the official handle of the Harmony of the Pines has 3.29 lakh followers on Instagram, Kumar has 1.64 lakh. As per the suspension order, Kumar will remain headquartered at the 1st HPAP Battalion, Junga, during the suspension period.