SUB-INSPECTOR RANBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner through instant petition under Article 226 of the Constitution of India is seeking setting aside of order and notice dtd. 30/9/2016 whereby he has been retired upon attaining the age of 56 years. He is further seeking setting aside of adverse remarks recorded in his Annual Confidential Report ('ACR') for the period from 1/4/2014 to 22/11/2014 as well order whereby he was awarded punishment of forfeiture of two increments with permanent effect.

(2.) The petitioner belonged to Haryana Police Force and was holding rank of Sub-Inspector. In 2014, while he was holding rank of Sub-Inspector, an FIR dtd. 4/2/2014 under Ss. 7/13 of the Prevention of Corruption Act, 1988 and Sec. 384 of Indian Penal Code, 1860 came to be registered against him at Police Station Chandni Bagh, Panipat. He was suspended on 4/2/2014 and reinstated on 30/9/2015. He was subjected to departmental inquiry wherein was found guilty of alleged charges. The Superintendent of Police, Panipat vide order dtd. 31/12/2015 awarded him punishment of dismissal from service. He faced trial and came to be acquitted vide judgment dtd. 10/5/2016 passed by learned Special Judge, Panipat. He filed appeal against the order of dismissal from service before the Appellate Authority which converted the punishment of dismissal to forfeiture of 7 increments with permanent effect. He thereafter preferred revision before the Director General of Police ('DGP'), Haryana who reduced the punishment to forfeiture of 2 increments with permanent effect. The competent authority recorded his ACR for the period from 22/11/2014 to 31/3/2015. The Reporting Authority assessed him dishonest and unreliable officer. The remarks of the Reporting Officer were communicated to him on 26/10/2015. He preferred representation against adverse remarks before Higher Authority. His representation came to be dismissed vide communication dtd. 16/8/2016. The representation was dismissed after considering comments of the Reporting Authority. He attained age of 55 years on 19/4/2015. The respondent in exercise of power conferred by Rule 9.18(1)(c) of Punjab Police Rules, 1934, as applicable to State of Haryana (for short 'PPR'), ordered to retire him w.e.f. 31/12/2016.

(3.) On 7/12/2016, this Court while issuing notice of motion passed the following order: