INSPECTOR BHIM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The challenge in the writ petition is to the order dated 3.1.2006 (Annexure P-6) passed by the Inspector General of Police, Hisar Range, Hisar, by which the petitioner was compulsorily retired from service.

(2.) The petitioner was appointed as a Constable on 14.11.1974 and was promoted to the post of Head Constable, A.S.I. and Sub Inspector. The petitioner was lastly promoted as Inspector on 20.6.1993. As there were complaints against the petitioner regarding his honesty, therefore, on 23.11.2001 the Director General of Police, Haryana, issued a show cause notice (Annexure P-1) to the petitioner for compulsory retirement. The grounds of compulsory retirement were also supplied to the petitioner. The petitioner replied to the show cause notice vide Annexure P-2. The Superintendent of Police, Jhajjar, vide letter dated 7.12.2001 (Annexure P3) addressed to the Inspector General of Police submitted that the petitioner is an intelligent, industrious and well behaved police officer and, therefore, his compulsory retirement on the basis of an adverse report does not seem to be justified. Accordingly, the Director General of Police withdrew the show cause notice for compulsory retirement in the year 2002.

(3.) The petitioner filed a civil suit for expunging the adverse remarks recorded in the ACR for the period 20.8.1994 to 4.1.1995. The civil suit was decreed and the adverse remarks for the year 1994-1995 were expunged vide judgment dated 28.2.2004. An appeal was filed by the Director General of Police, Haryana, against the judgment-Annexure P4 which was allowed by the Additional District Judge, Jhajjar, vide judgment dated 30.9.2005 and the judgment-Annexure P4 was set aside. Resultantly, the adverse entries for the year 1994-1995 against the petitioner remained intact.