MOHAN LAL Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) In the present petition, the petitioner has sought a writ of certiorari for quashing the show cause notice dated 09.06.2010 (Annexure P-3) and the order dated 18.11.2010 (Annexure P-4), whereby the petitioner has been compulsorily retired from service and also for setting aside the order dated 26.10.2010 (Anenxure P-10) passed by respondent No.3-the Commissioner of Police, Gurgaon, vide which his representation against the adverse remarks has been rejected. He also seeks direction that he should be allowed to continue in service.

(2.) The petitioner joined the service in Haryana Police as Constable on 29.06.1975 in Gurgaon District. He was promoted as Head Constable on 29.09.1991 and was further promoted as Assistant Sub Inspector on 09.04.2003 and was confirmed against the said post on 31.08.2005. Thereafter, he was promoted as Sub Inspector on 01.10.2008. During the entire service of 35 years, he earned 70% or above good reports. He earned 101 commendation certificate in his character rolls as per the record. The last commendation certificate was earned in the year 2009 with cash reward. The date of birth of the petitioner is 15.04.1955.

(3.) According to the petitioner, he had registered one FIR No.117, dated 02.07.2009, under Sections 392 and 397 IPC read with Section 25 of the Arms Act, 1959, at Police Station DLF, Phase-I, Gurgaon against Malwinder Singh @ Muli and Charan Singh @ Charni on the complaint of one Ravi Tehda when he was posted as S.H.O. at Police Station DLF Phase- I, Gurgaon. On 17.08.2009, said Malwinder Singh @ Muli made a complaint to the Chief Minister, Haryana that FIR No.90, dated 24.05.2009 under Sections 323, 506 read with Section 34 IPC was registered against him along with three other boys of village, namely, Bittu, Bhupinder and Amarpal and the petitioner being the S.H.O., did not show the arrest of Malwinder Singh @ Muli but gave him beatings in the police station. It was further alleged that said Malwinder Singh @ Muli has been falsely implicated in FIR No.117, dated 02.07.2009.