BALBIR SINGH 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-2096-2006.

(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 10/5/2003 to 1/10/2003. He is further seeking setting aside of notice dtd. 10/11/2009 whereby he has been retired upon attaining the age of 55 years.

(3.) The petitioner belonged to Haryana Police Force. In 2008 while he was holding rank of Assistant Sub Inspector (ASI), he was assigned charge of investigation of FIR No.105 dtd. 31/5/2008 and FIR No.170 dtd. 5/8/2008. A regular departmental inquiry was initiated against him alleging irregularity in investigation of aforesaid FIRs. The Disciplinary Authority found him guilty of alleged charges. The Competent Authority recorded his ACR for the period from 10/5/2003 to 1/10/2003. The Reporting Authority assessed him dishonest and unreliable officer. The remarks of the Reporting Officer were communicated to him on 7/6/2004. He preferred representation against adverse remarks before Higher Authority. His representation came to be dismissed vide communication dtd. 29/5/2005. The representation was dismissed after considering comments of the Reporting Authority. He attained age of 55 years on 10/10/2009. 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. 10/2/2010.