DAVINDER SINGH ASI Vs. STATE OF HARYANA

JUDGEMENT

(1.) These two writ petitions have been filed challenging the adverse Annual Confidential Reports for the period 26.04.2006 to 31.03.2007, vide order dated 29.05.2008 (Annexure P-3) in CWP No. 21197 of 2008 and the communication dated 24.12.2008 (Annexure P-4) and the order of compulsory retirement dated 02.01.2009 (Annexure P-6) in CWP No. 476 of 2009. Facts leading to the filing of these two writ petitions are briefly noticed hereunder.

(2.) Petitioner was appointed as a Constable on 12.12.1978 in District Bhiwani. It is stated that in his long tenure of 29 years of service, he has been awarded as many as 31 commendation certificates including two certificates during the period adverse reports have been recorded against him i.e. 26.04.2006 to 31.03.2007. Petitioner has been conveyed the adverse reports recorded in his service record vide communication dated 23.05.2007. The petitioner made a representation against the aforesaid adverse remarks through proper channel vide Annexure P-2. This representation stands rejected vide memo dated 29.05.2008 (Annexure P-3) by a non-speaking order, which is subject matter of challenge along with the adverse entry in C WP No. 21197 of 2008. While this writ petition was pending, the petitioner has been served with a Show Cause Notice (Annexure P-2 with CWP No. 476 of 2009) proposing to compulsory retire him in public interest under the provisions of Sub Rule (2) of Rule 9.18 (2) of the Punjab Police Rules, 1934, as applicable to the State of Haryana and amended from time to time. He was asked to submit his reply within 15 days. In response to the aforesaid Show Cause Notice, the petitioner submitted a detailed reply through proper channel vide Annexure P-3 with CWP No. 476 of 2009.. The Director General of Police, Haryana, vide his order dated 23.12.2008 (Annexure P-4 with CWP No. 476 of 2009) ordered compulsory retirement of the petitioner and forwarded the same to the Government for approval as required under Rule 9.18 (2) of Punjab Police Rules, 1934. This order was directed to be communicated to the petitioner vide letter dated 31.12.2008 (Annexure P-5 with CWP No. 476 of 2009). Consequently, the petitioner stands retired with effect from 31.12.2008 vide a subsequent order dated 02.02.2009 (Annexure P-6 with CWP No. 476 of 2009). The Show Cause Notice and the order of compulsory retirement are subject matter of challenge in CWP No. 476 of 2009.

(3.) Common grounds to challenge the adverse reports and compulsory retirement have been projected in these writ petitions.