GHARSA RAM Vs. STATE OF HARYANA AND ORS

JUDGEMENT

(1.) The Petitioner has filed this writ petition for quashing order dated 9.2.2010 (Annexure P-5) and subsequent order dated 17.5.2010 (Anneuxre P-7). The Petitioner, who is ASI serving with Haryana Police, was given an adverse report for the period from 7.8.2008 to 24.12.2008. On the basis of these adverse remarks, he was not granted extension of service beyond 55 years age, which he completed on 9.2.2010. Notice was issued to him for compulsorily retirement, which he impugned by filing a civil suit. The Civil Court however, declined the prayer for stay and ultimately impugned order dated 17.5.2010 was passed retiring the Petitioner compulsorily from service. The Petitioner had also filed an appeal against the adverse remarks recorded in his ACR. These remarks formed on the basis for compulsorily retiring the Petitioner. He had withdrawn the suit to file the present writ petition.

(2.) Notice of motion has been issued. Today, the Petitioner has filed Civil Misc. No. 16059 of 2010 to place on record the order passed by the Financial Commissioner & Principal Secretary to Government Haryana, Home Department, accepting the mercy petition and for expunging the adverse remarks in the ACR of the Petitioner, which was the reason and cause for compulsorily retirement of the Petitioner. Document has been taken on record vide separate order. This would lead to major change in the position, which had been the cause to compulsorily retire the Petitioner. As per the Petitioner, this was the only report, which was taken into consideration to compulsorily retire him from service. If that be so, it would be appropriate to give liberty to the Petitioner to represent against his order of compulsorily retirement, on this ground for the authority to pass an appropriate order.

(3.) Let the Petitioner file a representation within two weeks from today and if he does so, his representation will be considered and decided within three months from the date of receipt of the representation.