STATE OF PUNJAB AND ANR. Vs. BAKHTAWAR SINGH

JUDGEMENT

(1.) IN ACR for the period 1.4.1991 to 31.3.1992 recorded upon the work and conduct of ASI Bakhtawar Singh by the Commandant, 27th Battalion, PAP Jalandhar Cantt., the following adverse remarks appear: -

(5.) HE further submits that this point that civil court has no jurisdiction to expunge the adverse remarks appearing in one's ACR was not raised in the courts below as such this point cannot be raised for the first time in second appeal before this Court. In support of this submission, he seeks support from Ramendra Kishore Biswas v. State of Tripura and Ors. .

(6.) IN this case, the Commandant, 27th Battalion, PAP Jalandhar Cantt. has made an adverse comment almost upon every aspect touching his personality as a police officer. In the column of honesty, the Commandant, 27th Battalion, PAP Jalandhar Cantt. has commented upon him that he is corrupt. In the column touching his ability so far as prevention and detection is concerned, the comment is "blow average". In the column of "personality and initiative", the comment is "poor". How could this court substitute the opinion of the Commandant, 27th Battalion, PAP Jalandhar Cantt. with its own opinion and say that his ability so far as prevention and detection is concerned, is good, very good or outstanding. How could this court say about his honesty that he is very honest when the Commandant under whom he worked says that he is corrupt. Recording of ACR is the subjective satisfaction of the reporting authority.