NARAYAN SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) THE petitioner who retired as Sub Inspector (SI) of Police from the respondent Department on 30.4.2014, has filed the present writ petition under Article 226 of the Constitution of India for grant of the following substantive reliefs: -

(2.) THE factual matrix giving rise to filing of the present petition is that while posted as Assistant Sub Inspector (ASI) in CIA staff, Kullu, on 13.11.2006 he was heading a police party, which conducted a raid at a place known as Brow where certain persons were gambling. The allegation against the petitioner is that a sum of Rs. 59,702/ -(rupees fifty nine thousand, seven hundred two only) was recovered during the raid, but he dishonestly showed the recovery of Rs. 24,500/ -(rupees twenty thousand, five hundred only) and misappropriated the remaining sum of Rs. 35,202/ - (rupees thirty five thousand, two hundred two only) only. It was further alleged that out of thirteen persons found gambling only five were arrayed as accused and the remaining were let off apparently for extraneous considerations. On these allegations an inquiry was held against the petitioner by the Sub Divisional Magistrate (Civil), Anni, District Kullu, who exonerated him.

(3.) IN para 9 of the reply filed on behalf of respondents No. 1 to 4, the only ground for denying confirmation of the petitioner as Inspector, who by then had already been promoted as Sub Inspector (SI) on officiating basis on 19.1.2007, has been stated that the adverse remarks in his ACR for the period 1.4.2008 to 31.3.2009 had not been expunged and due to adverse ACR for this period he was not found fit by the Departmental Promotion Committee (DPC) for confirmation. As a result he recently retired as Sub Inspector on 30.4.2014.