RANBIR SINGH Vs. STATE OF HARYANA AND ORS

JUDGEMENT

(1.) The head constable who had been fighting for expunction of remarks in his ACR lost the first battle when his representations were rejected and before he could take any action, he was visited with an order of compulsory retirement on the ground that his services were no longer required in the public interest. The writ petition challenges the order of the Inspector-General of Police, dated 11th July, 2005 rejecting his application and the order of compulsory retirement that was passed on 4th April, 2006.

(2.) The Petitioner had joined the police department on 28th April, 1978 as a Constable and later promoted as Head Constable on 25th December, 1995. He had a blemished service record all along and was graded as a disciplined person with no complaint against integrity, having been further assessed as reliable with good moral character. ACR entries took a tumble when FIR had been registered against him along with another person in FIR No. 289, dated 17th September, 2001 for the alleged offences under Sections 170/323/342/ 384/419/420/452/506 read with Section 120B IPC with Chandni Bagh police station. This police complaint had a direct impact in the remarks made by Superintendent of Police and in the ACR between the period from 1st April, 2001 to 3rd November, 2001. The following entries were made:

(3.) The Petitioner had made representations against the adverse entry stating that the criminal case was not true and it had been foisted against him. Simultaneously the departmental proceedings had been initiated against him and he was exonerated when the report of the Enquiry Officer was accepted on 10th June, 2003. The representation filed by the Petitioner against the adverse remarks was rejected by the Inspector-General of Police, Rohtak Range on 3rd March. 2005 and the further appeal to the Director-General of Police also did not result in favourable orders, when it was passed on 11th July, 2005.