YAGPAL Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) THE present writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing of impugned order/notice dated 27.12.2011 (Annexure P -6), vide which, the petitioner has been informed that his services are no longer required after the age of 55 years and also order dated 01.12.2011 (Annexure P -5), vide which, the representation made by the petitioner against the adverse remarks recorded in his annual confidential report for the period from 01.09.2009 to 22.02.2010 has been rejected.

(2.) THE petitioner was enrolled as Constable on 07.05.1980. He was promoted to the post of Head Constable in the month of December, 1995 and thereafter as an Assistant Sub Inspector by way of promotion on the basis of criteria of selection in the month of October/November, 2003. He was again assigned the rank of Exempted Sub Inspector. The date of birth of the petitioner is 08.02.1957 and was to be in service upto 07.02.2015 as he was to attain the age of superannuation on that day.

(3.) LEARNED State counsel submits that the present writ petition is liable to be dismissed on the ground of non joinder of necessary parties. The ACR recording adverse remarks by Commandant, 1st Battalion, Haryana Armed Police, Ambala City and the notice dated 27.12.2011 issued by Commandant, 3rd Battalion, Haryana Armed Police, Hisar have not been impleaded as party -respondents in the present writ petition. Learned State counsel also submits that the writ petition earlier filed by the petitioner was dismissed as withdrawn without having any liberty to file fresh one. The petitioner was involved in a criminal case i.e., FIR No. 27 dated 24.03.2009, under Section 68/1/14 of the Excise Act registered at Police Station Bahal, District Bhiwani resulting in the issuance of a show cause notice to the petitioner for dismissal from service. The same was challenged by him by way of filing CWP No. 7076 of 2010 but the said writ petition was dismissed on 17.11.2010 by this Court and thereafter, a departmental inquiry was filed. Another FIR No. 166 dated 03.10.2011 under Section 61/1/14 of Punjab Excise Act was also registered at Police Station Siwani, District Bhiwani against the petitioner and he was arrested on the allegation that he misbehaved with public under influence of liquor. He was also placed under suspension and after conducting regular inquiry, his five increments were stopped with cumulative effect. Learned State counsel also submits that the petitioner was a habitual absentee as he remained absent from his duties without any leave or intimation. He was also awarded punishment of censure twice for remaining absent from his duties. Learned State counsel has also brought to the notice of this Court that the report of the petitioner is not good/satisfactory as he remained absent 18 times and was also awarded punishment during that period. In the annual confidential report for the period 2009 -2010, the integrity of the petitioner was also found to be doubtful.