STATE OF HARYANA AND OTHERS Vs. MOHINDER SINGH

JUDGEMENT

(1.) The State of Haryana is in second appeal before this Court.

(2.) The plaintiff -Mohinder Singh, ASI filed a suit for declaration in terms of pleadings that he was an employee of Haryana Police and was posted at Police Station Sadar Dabwali as ASI bearing No.237/H. Adverse remarks were recorded in his ACR for the period 3.11.2002 to 31.3.2003 and the same were conveyed to him on 15.7.2003. His representation against the same was rejected vide order dated 28.10.2003 and even his appeal before the Director General of Police, Haryana was also rejected on 4.2.2004. The plaintiff sought a declaration against the order dated 15.7.2003 conveying the adverse confidential reports, as also the subsequent orders dated 28.10.2003 and 4.2.2004, whereby his representation and the appeal against the same had been rejected, stating the same to be illegal, contrary to law being non-speaking and having been passed without affording him any opportunity of hearing. It was pleaded that the adverse remarks have been recorded without any basis and that he had been working in the Police Department since 23.4.1973 and there had been no complaint regarding his work and conduct. The plaintiff also stated that the relevant instructions with regard to recording of ACRs have been violated inasmuch as the adverse remarks have not been communicated to him within the stipulated period of six weeks from the time the same were recorded.

(3.) The defendants filed a joint written statement stating that the adverse remarks were based upon the work and performance of the plaintiff having been adjudged and the plaintiff having not effectively checked the illegal trade of sale/smuggling of narcotics as also the activity of satta gambling in the area of Police Station Sadar Dabwali. Accordingly, the conduct of the plaintiff was not found upto the mark and the adverse remarks were recorded in the ACRs for the period 3.11.2002 to 31.3.2003.