RISAL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) In this petition, the petitioner has prayed for quashing notice Annexure P1 dated 13.1.1986 and order Annexure P2 dated 19/20.1.1986 issued by Superintendent of Police, Faridabad (respondent No. 4) compulsorily retiring him from service w.e.f. 16.4.1986.

(2.) The petitioner joined service as Constable in Police Department of the erstwhile State of Punjab on 3.8.1951. He was promoted as Head Constable on 1.11.1955 and then as officiating Assistant Sub Inspector of Police (for short, 'ASI') w.e.f. 5.3.1964. In 1969, he was reverted to the post of Head Constable. After passing the Intermediate School Course, he was re-promoted as ASI on 20.1.1975. In 1979, he passed the Upper School Course and was brought on List 'E'. Consequently, he was promoted as Sub-Inspector of Police (for short, 'ASI') w.e.f. 5.2.1980. He was also allowed to cross efficiency bar due on 1.1.1981. Later on, his name was brought on List 'F', but he was not promoted as Inspector of Police. In January, 1986 respondent No. 4 issued notice Annexure P1 for his deemed retirement from service after expiry of 90 days notice period. The same was followed by order Annexure P2 for his deemed retirement w.e.f. 16.4.1986.

(3.) The petitioner has challenged his premature retirement on the ground that the decision taken by Director General of Police, Haryana (respondent No. 2) to retire him before attaining the age of superannuation is vitiated by arbitrariness, non-application of mind and violation of the instructions issued by the State Government. He has averred that in 15 years preceding the notice/order of retirement, he was not conveyed any adverse remarks in his Annual Confidential Reports (for short, 'ACRs') and, therefore, no tangible material was available before the competent authority for his premature retirement from service. He has further averred that any adversity in his service record of the remote past will be deemed to have been wiped out by virtue of his promotion as ASI on 20.1.1975 and as SI in February, 1980 and the fact that he was allowed to cross efficiency bar which fell due on 1.1.1981.