BABU RAM WALIA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution prays for quashing orders dated 13.4.2006 (P-6), 31.5.2006 (P-7) and expunging of adverse remarks recorded in the ACR of the petitioner for the period from 26.7.2005 to 31.1.2006 as conveyed vide letter dated 6.2.2006 (P-4). A further prayer has been made for commanding the respondents not to take into consideration the ACR for the aforementioned period while considering the case of the petitioner for granting him extension in service on completing the age of 55 years.

(2.) Brief facts of the case may first be noticed. As per the averments made in the petition, the petitioner joined service in the respondent Department as a Constable on 17.3.1972 and he was promoted as Head Constable on 15.5.1979. He was further promoted as Assistant Sub Inspector on 6.8.1991 and as Sub Inspector on 12.10.1999. The petitioner was confirmed as Sub Inspector w.e.f. 31.1.2003. It is appropriate to mention here that as per the record the date of birth of the petitioner is 30.4.1951 and he attained the age of 55 years on 29.4.2006. The petitioner claims that he has been awarded 116 certificates for good work/meritorious service and his conduct remained very good on various assignments and appreciated by his superiors. However, while the petitioner was posted as Station House Officer, Police Station Farakpur, District Yamuna Nagar, a case FIR No. 429, dated 22.12.2005, under Sections 353/186/201/261 IPC, Sections 7 and 13 of the Prevention of Corruption Act, 1988, was registered against him (P-1). The allegation in the aforementioned FIR is that when the complainant Karam Chand went to the police station to report the matter, the petitioner returned his application and demanded Rs. 5,000/-as bribe, out of which Rs. 2,000/-were paid by the complainant at the spot and thereafter a trap was laid and the petitioner was caught red handed while taking currency notes of Rs. 3,000/-and consequently the said FIR was registered against the petitioner. The trial in FIR No. 429, dated 22.12.2005, is pending in the Court of Special Judge, Yamuna Nagar.

(3.) After registration of criminal case, the petitioner was placed under suspension on 23.12.2005 and the competent authority fixed the station of the petitioner as Police Lines, Yamuna Nagar vide order dated 24.12.2005.