SUB INSPECTOR RAM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner seeks quashing of order Annexure P.13 passed by Director General of Police, Haryana dated 14.11.1995 whereby certain adverse remarks expunged by a time-barred mercy petition were ordered to be reconstructed with a further direction that all consequential benefits given to the petitioner be withdrawn.

(2.) Briefly put, certain adverse remarks were recorded in the annual confidential report of the petitioner for the period 2.10.1985 to 31.3.1986. These were conveyed to the petitioner. Petitioner filed a representation dated 25.8.1986, which was rejected on 15.1.1987. Still dissatisfied another representation was filed by the petitioner dated 12.3.1987. Once again the same was rejected on 31.3.1987. Yet another representation was filed on 31.12.1987. To his bad luck, this too was rejected on 26.2.1990. Un-dettered by this rejection another attempt was made by filing representation dated 22.10.1990. This time the Deputy Inspector General of Police vide order dated 21.11.1990, Annexure P.5 accepted the so-termed mercy petition and ordered for expunging the adverse remarks for the period 2.10.1985 to 31.3.1986.

(3.) It is the case of the petitioner that as the adverse remarks had been expunged the petitioner was promoted as Sub Inspector and was subsequently brought on promotion list 'E'. Petitioner was granted regular promotion with effect from 27.11.1990. It is some time in June, 1992 that the petitioner was informed that the Director General of Police, Haryana has ordered for reconstruction of the adverse remarks for the period 2.10.1985 to 31.3.1986. A legal notice was issued and the authorities on reconsidering the same, the order for reconstructing the ACR was cancelled. It is again on 28.6.1995 that a show cause notice was issued to the petitioner as to why the record should not be corrected as it originally stood i.e. ACR for the period 2.10.1985 to 31.3.1986 as originally recorded. Director General of Police after affording the petitioner an opportunity of hearing passed the impugned order Annexure P.13.