SWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) C.M. is allowed. Replication is taken on record subject to all just exceptions. Adverse remarks for the period from 16.5.1991 to 9.9.1991 were communicated to the petitioner on 26.8.1992. The petitioner being aggrieved of the remarks, communicated to him, submitted a representation dated 21.9.1992. The aforesaid representation has been declined by an order dated 16.12.2004 (Annexure P-2). Through the instant writ petition, the petitioner has impugned the order passed by the Director General of Police, Border Range, Amritsar, whereby he has rejected the representation submitted by the petitioner.

(2.) A perusal of the impugned order reveals only one reason for rejecting the representation submitted by the petitioner against the aforesaid adverse remarks, namely, that the petitioner has submitted his representation beyond the stipulated period of three months from the date, the said remarks were conveyed to him. The instant factual position is seriously disputed by the petitioner. In paragraph 10 of the writ petition, it is averred as under :-

(3.) In response to the averments made in paragraph 10 of the writ petition, written statement was filed on behalf of respondent no.1, relevant portion of which is as hereunder :-