RAJINDER SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Aggrieved of the order dated 24.9.2009 passed by the Director General of Police, Haryana rejecting the claim of the petitioner for promotion w.e.f. 5.3.2008, the petitioner has filed this petition seeking its quashment as also the validity of the Govt. Instructions dated 2.6.1999 relied upon by the respondents while passing the impugned order. Further prayer is made for quashing the adverse remarks communicated vide memo (Annexure P-13) and consequential relief for promotion from the date persons junior to the petitioners were promoted to the post of Inspector.

(2.) Briefly stated the facts as emerge from the record are noticed hereinafter.

(3.) The petitioner was appointed as Assistant Sub Inspector on probation on 13.2.1995 and promoted as Sub Inspector on 16.12.2002. A recommendation was made for his out of turn promotion on account of exemplary performance, courage and devotion to his duties in arresting three criminals in a long and hard chase by the Superintendent of Police, Gurgaon vide communication dated 8.5.2003 (Annexure P-3). The petitioner also earned various commendations and awards for his exemplary service. Copies of such commendations and awards have been placed on record as Annexures P-4 to P-12. The petitioner was, however, confirmed as Sub Inspector on 31.8.2006. Petitioner was served with a memo dated 8.1.2007 communicating him adverse remarks for the period 1.4.2005 to 3.8.2005. He was graded as dishonest, below average and unreliable officer, who does not take requisite interest in his work. The petitioner represented against the aforesaid adverse entry in his service record vide his representations Annexures P-14 & P-15. Representation of the petitioner was, however, partly accepted whereby the adverse entry made in Coloumn No.1 and general remarks regarding his integrity were ordered to be expunged retaining the remaining entries. It is alleged that even during the period petitioner was rated as below average and his honesty was doubted, he received commendation certificate and cash awards and after the said period also, he received letters of appreciation.