Judgement

DUTT, J. : - This appeal by special leave has been preferred by the State of Haryana against the judgment of the Division Bench of the High Court of Punjab & Haryana whereby the Division Bench has set aside the judgment of a learned single Judge of the High Court dismissing the writ petition of the respondent Shri P. C. Wadhwa, a member of the Indian Police Service, who was the Inspector General of Police, Haryana, from June 30, 1979 to July 25, 1980.

2. It appears that certain adverse remarks were made by the Home Secretary to the Government of Haryana against Shri Wadhwa, the Inspector General of Police for the said period. The adverse remarks were duly accepted by the competent authority under the All-India Services (Confidential Rolls) Rules, 1970, hereinafter referred to as the Rules. After such acceptance, the adverse remarks were communicated to Shri Wadhwa by the Home Secretary by his letter dated May 4, 1982, about two years three months after the close of the relevant period on March 31, 1980. The respondent did not make any representation against the adverse remarks to the reviewing authority under the Rules. Instead, he chose to file a writ petition before the P