STATE OF PUNJAB Vs. HARBILAS SINGH

JUDGEMENT

(1.) The only issue which arises for adjudication in this appeal, which is directed against the order dated

(2.) The facts of the case lie in a narrow compass. The respondent was appointed as Constable in the Punjab Police (District Ropar) on 22.10.1971. He was promoted as Head Constable on 1.4.1977 but was reverted in October, 1977 due to non-availability of vacancy in the cadre of Head Constables. He was again promoted as Head Constable on 1.5.1978. With effect from 4.4.1984, the respondent was placed under suspension. He was reinstated on 6.5.1984. The enquiry initiated against the respondent under rule 16.38 of the Punjab Police Rules was filed by the Superintendent of Police, Ropar on 16.8.1984. Another enquiry initiated against the petitioner was filed by an order dated 13.3.1985 of the Superintendent of Police, Ropar. In the years 1985 and 1986, the Superintendent of Police, Ropar considered the cases of various Head Constables including the respondent for the purpose of confirmation. Vide his orders dated 22.2.1985, 21.7.1985 and 25.1.1986, the Superintendent of Police confirmed some of the Head Constables while others including the respondent were ignored. The respondent was confirmed as Head Constable w.e.f. 1.1.1987 by an order dated 20.6.1987 passed by the Superintendent of Police Ropar.

(3.) In the writ petition filed by him, the respondent challenged the orders passed by the Superintendent of Police on the ground of arbitrariness and mala fides. He alleged that the adverse remarks contained in his confidential report for the year 1984-85 could not have been taken into consideration for the purpose of denial of confirmation in the year 1986.