N. V. GEORGE Vs. I. G. OF POLICE

JUDGEMENT

(1.) Heard the Senior Counsel appearing for the petitioner and the Government Pleader.

(2.) The petitioner is a Circle Inspector of Police. Disciplinary action was taken against him on certain misconduct and dereliction of duty. By Ext. P2 order he was exonerated of the charges, but in Ext. P5 annual confidential report for the year ending 31-12-1995 an entry was made on the basis of the above oral enquiry. The offending portion of the above report is as follows:

(3.) The argument of the petitioner for expunging the adverse remarks is mainly on the ground that oral enquiry against him ended in exoneration and the adverse remarks in his confidential report based on the same oral enquiry will not stand against him. Thereafter a strange procedure has been adopted by the first respondent in calling for fresh reports from the Assistant Superintendent of Police and the Superintendent of Police, who made the remarks in Ext. P5. naturally they reiterated the earlier remarks. Moreover, further incidents were also stated in the report wherein the petitioner was involved. Considering all these aspects the first respondent came to the conclusion that there is no need to expunge the remarks.