STATE OF HARYANA ETC Vs. DAVENDER SINGH

JUDGEMENT

(1.) The State of Haryana has filed the instant appeal under clause X of the Letters Patent against the judgement and order dated 11.8.2004 passed by the learned Single Judge of this Court in CWP No. 3882 of 1986. The learned Single Judge has quashed order dated 4.9.1985 retiring the petitioner-Respondent from service on the expiry of three months after attaining the age of 55 years which was to complete on 24.12.1985. The view followed by the learned Single Judge is that entry concerning 'integrity doubtful' recorded in the years 1962, 1963 or in 1979 would lose their sting on promotion and confirmation of the respondents on a higher post.

(2.) Facts in brief are that the petitioner-respondent was appointed as Assistant Sub Inspector (on probation) on 13.4.1954 and was confirmed as such on 13.4.1957. He was further promoted as Sub Inspector on 20.5.1961. As per the version of the appellant unfolded in the ACR for the years 1962 and 1963 (Annexure R.4) against the column of 'honesty', the remark was 'doubtful' in respect of the period from 1.4.1962 to 31.3.1963. His overall grading was assessed to be "C" in respect of the period 1.4.1963 to 30.9.1963. Against the column of 'honesty' the remarks given were 'honest' under compulsion of circumstances. He had been honest on account of posting in line'. It is appropriate to notice that respondent remained in line for a short period from 1.4.1963 to 21.4.1963 and thereafter from 22.4.1963 to 8.5.1963. He was in 3rd Armed Reserve from 9.5.1963 to 30.9.1963. He was in CLI/ERTC Hissar (Annexure R.5). Again for the period 9.8.1977 to 2.3.1978 the integrity of the officer has been considered doubtful as is evident from the perusal of his ACR (Annexure R.6).

(3.) The petitioner-respondent was allowed to cross efficiency bar w.e.f. 27.1.1976 and on 12.5.1984 w.e.f. 1.4.1984. It is also undisputed that petitioner was confirmed as Sub Inspector vide order dated 17.1.1979 w.e.f. 17.1.1975.