RAM RATTAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) As common issues are involved in the captioned petitions, with the consent of both sides, the same are hereby disposed of by this common order. For the sake of brevity and convenience, facts are borrowed from CWP-1253-2006.

(2.) The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of adverse remarks recorded in his Annual Confidential Report ('ACR') for the period from 3/11/2002 to 31/3/2003. He is further seeking setting aside of order dtd. 17/6/2009 whereby he has been retired upon attaining the age of 55 years.

(3.) The petitioner belonged to Haryana Police Force. He was promoted from time to time. When he was holding rank of Inspector, he was assigned charge of investigation of FIR No.63 dtd. 23/3/2003 registered under Sec. 395 of IPC and Ss. 25, 54 and 59 of Arms Act, 1959 at Police Station City Dabwali, District Sirsa. A regular departmental inquiry was initiated against him alleging irregularity in investigation of aforesaid FIR wherein he was exonerated. The Competent Authority recorded his ACR for the period from 3/11/2002 to 31/3/2003. The Reporting Authority assessed him as unreliable officer and recorded his integrity doubtful. The remarks of the Reporting Officer were communicated to him on 6/1/2005. He preferred representation against adverse remarks before Higher Authority. His representation came to be dismissed vide communication dtd. 14/9/2005. The representation was dismissed after considering comments of the Reporting Authority. He attained age of 55 years in 2009. The respondent in exercise of power conferred by Rule 3.26(d) of CSR, Volume I, Part I, ordered to retire him.