GURMAIL SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The present writ petition under Articles 226/227 of the Constitution has been filed by Gurmail Singh, Assistant Sub Inspector of Police praying therein for issuance of a writ in the nature of certiorari for quashing the order dated April 2, 2002 whereby he has been ordered to be compulsorily retired from service. A copy of the aforesaid order has been appended as Annexure P/8 with the present writ petition.

(2.) The petitioner states that he was initially recruited as Constable in the Haryana Police on May 1, 1975 and subsequently he was promoted as a Head Constable. On November 30, 1993, the petitioner was further promoted as Assistant Sub Inspector of Police. During the course of his service, the petitioner has earned 39 commendation certificates for doing outstanding work, industry and highest sense of devotion towards duty and further the petitioner was awarded Class-I Commendation Certificates. On January 29, 1999, an FIR dated January 29, 1999 under Section 384 of the Indian Penal Code was registered against the petitioner in G.R.P.S. Ambala Cantt. However, during the course of investigation, the allegations levelled against the petitioner in the said FIR were found to be false and the police submitted a cancellation report before the Special Railway Magistrate, Ambala Cantt. Vide orders dated July 25, 2001, the Special Railway Magistrate, Ambala Cantt accepted the cancellation report submitted by the police and cancelled the FIR No. 28 dated January 29, 1999 registered against the petitioner. However, in the meantime adverse remarks were recorded in the A.C.R. of the petitioner for the period June 20, 1998 to January 14, 1999 to the following effect :

(3.) On being conveyed the aforesaid adverse remarks the petitioner made a representation, to the Director General of Police-respondent No. 2 and the D.I.G. Railways Haryana-respondent No. 3, that the adverse remarks were totally false and without any basis and, therefore, liable to be expunged. it was further brought to their notice that since the police had already submitted the cancellation report and the Special Railway Magistrate vide order dated July 25, 2001 had accepted the cancellation report, therefore, the aforesaid adverse remarks in the A.C.R. of the petitioner were totally baseless and were liable to the expunged. It was further mentioned in the representation that the petitioner had 26 years of service in the department without any complaint and all through his work and conduct and integrity were found to be without any blot and he had received various commendation certificates for rendering good service.