RAM DHARI Vs. STATE OF HARYANA

JUDGEMENT

(1.) This intra court appeal under Clause X of the Letters Patent is directed against the judgment and order of the learned Single Judge dtd. 27/8/2018 dismissing the writ petition filed by the appellant herein challenging the order dtd. 2/10/2015 passed by respondent No.4- Superintendent of Police, District Jind. Further relief sought in the writ petition was to quash the adverse entry in the Annual Confidential Report for the period w.e.f. 1/4/2006 to 31/3/2017 as also the order dtd. 28/1/2009 passed by respondent No.2-Director General of Police, Police Head Quarter, Panchkula, Haryana, rejecting the representation made against the adverse entry recorded in the Annual Confidential Report.

(2.) The issue arising for consideration is whether the order compulsory retiring the petitioner is in violation of Rule 9.18(2) of the Punjab Police Rules, Volume-1, (adopted and made applicable in State of Haryana).

(3.) The issue for consideration noticed hereinabove arises in the backdrop of the following facts:- The appellant-petitioner was recruited in the Haryana Police as a Constable on 7/12/1986 and was promoted upto the rank of the Sub Inspector. He was communicated regarding adverse entry of 'honesty being doubtful' recorded in his ACR for the period 1/4/2006 to 31/3/2007 vide letter dtd. 27/8/2007. A representation dtd. 28/9/2007 was made by the appellant-petitioner before respondent No.3-Inspector General of Police, Hisar Range, Hisar, which was rejected vide order dtd. 28/5/2008. Another representation was made before respondent No.2, Director General of Police, Police Head Quarter, Panchkula, Haryana, which also came to be rejected vide order dtd. 28/1/2009. The appellant made yet another representation dtd. 17/3/2009 before respondent No.1-Financial Commissioner and Principal Secretary to Government of Haryana, Home Department, which according to him remains undecided. Subsequently he was served with a three months notice dtd. 16/7/2015 for retirement from service and finally vide the impugned order dtd. 2/10/2015 he was retired from service.