STATE OF HARYANA Vs. S I MAWASI RAM

JUDGEMENT

(1.) This is an appeal under Clause X of the Letters Patent for setting aside order dated 6.9.2001 passed by the learned Single Judge vide which he allowed C.W.P. No. 3289 of 2001 filed by respondent-Mawasi Ram and quashed his compulsory retirement from service.

(2.) The respondent was enrolled as Constable in the State of Punjab 21.2.1963. On the creation of the State of Haryana w.e.f. 1.11.1966, his services were allocated to the new State. He passed Lower School Course on 30.9.1974 and was promoted as Head Constable on 20.10.1975. He passed Intermediate School Course in 1984. He was promoted as Assistant Sub Inspector of Police on 21.9.1989 and then as Sub Inspector on 9.11.1997. He was served with notice dated 30.11.2000 issued by Superintendent of Police, Rewari proposing his retirement on the ground that he had earned adverse entries in the Annual Confidential Reports (A.C.Rs.) for the periods from 4.9.1994 to 31.3.1995, 1.4.1998 to 19.3.1998, 11.10.1999 to 31.3.2000 and 1.4.2000 to 25.9.2000. After one month and twenty three days, the officer concerned passed order dated 23.1.2001 retiring the respondent from service with effect from 7.3.2001 under Rule 5.32(b) of the Punjab Civil Services Rules, Volume-II.

(3.) The respondent challenged the notice and the order of compulsory retirement in C.W.P. No. 3289 of 2001 on several grounds including the following :-