IMPORTANT POINT
Adverse Remarks – For a person in uniformed service like Police, adverse entry relating to his/her integrity and conduct is to be adjudged by superior authorities who record and approve such entry.

JUDGMENT

Ahsanuddin Amanullah, J.

Heard learned counsel for the parties finally on the basis of the available record. The Respondents are represented through counsel and have filed written submissions. Delay condoned, in these peculiar facts and circumstances, in the interest of justice. I.A. 72995/2022 [seeking condonation of delay in refiling/curing the defects] is formally allowed.

2. Leave granted.

3. The sole appellant has moved this Court being aggrieved by the Final Judgment and Order dated 25.04.2011 (hereinafter referred to as the “Impugned Judgment”) [2011 SCC OnLine P&H 4687 | ILR (2012) 2 P&H 747] passed by a learned Division Bench of the High Court of Punjab and Haryana at Chandigarh (hereinafter referred to as the “High Court”) in Letters Patent Appeal No.406 of 2011 (O & M), whereby the learned Division Bench allowed the appeal preferred by the respondent-State and set aside the Order dated 27.01.2010 [2010 SCC OnLine P&H 1193] passed by the learned Single Judge in Civil Writ Petition No.19128 of 2006.

THE FACTUAL PRISM:

4. The appellant joined as Constable in Haryana Police on 15.01.1973 and promoted as Head Constable on 06.12.1993. One Assistant Sub-Inspector Basant Pal made a complaint against the appellant. This led to a departmental enquiry, where the appellant was held guilty and ordered to be reverted from Head Constable to Constable. A representation was filed by the appellant before the Inspector General of Police, Gurgaon Range against the said reversion order, resultantly whereof, by order dated 28.04.2001, the Inspector General of Police, Gurgaon Range, modified the order of reversion to stoppage of one increment. The Controlling Officer of the appellant recorded adverse remarks against him for the periods between 11.10.1999 to 31.03.2000 and 01.04.2000 to 29.12.2000. Initially, the representation filed apropos the period between 01.04.1999 to 31.03.2000 was rejected by orders dated 19.02.2002 and 27.06.2001. However, the representation pertaining to the period from 01.04.2000 to 29.12.2000 was partly accepted by order dated 20.07.2002. Thereafter, the appellant preferred a second consolidated representation for the aforesaid periods, which was accepted on 28.01.2005. This second representation by the appellant was pursuant to judgment dated 27.09.2004 in Civil Suit No.168 of 2002 (filed on 06.08.2002) before the learned Civil Judge (Junior Division), whereby the stoppage of one increment was set aside and the respondents were directed to release the same. However, his prayer for expunging the adverse remarks was not accepted, yet liberty to prefer a fresh representation was granted by the learned Civil Court.

5. Challenge to judgment dated 27.09.2004 supra by the respondent-State was dismissed by the learned District Judge, Gurgaon, and the same has attained finality. The appellant, in terms of observations made by the learned Civil Judge (Junior Division) Gurgaon in the judgment dated 27.09.2004, preferred a consolidated representation before the Inspector General of Police, Gurgaon Range for expunction of adverse remarks, on 07.01.2005. The Inspector General of Police, Gurgaon Range, Gurgaon vide order dated 28.01.2005 expunged all the adverse remarks. Thereafter, the appellant received a Show-Cause Notice dated 05.09.2006 from the Director General of Police, Haryana stating that undue benefit had been given to the appellant by expunction of remarks and why the same should not be restored and an order of compulsory retirement be passed against him, indicating thereby, that due to expunction of these adverse remarks, he had escaped being retired from service compulsorily and also became eligible for further promotion. The appellant filed his Reply to the Show-Cause Notice on 22.09.2006. The Director General of Police, Haryana by order dated 30.10.2006 directed reconstruction of the Annual Confidential Report [hereinafter referred to as “ACR” (in singular) and “ACRs” (in plural)] for the aforesaid period.