Point of Law: Adverse entries relating to specific incidents should ordinarily not find a place in ACR, unless in the course of departmental proceedings, a specific punishment such as censure has been awarded on the basis of such an incident.

ORDER :

In the year 1983, petitioner was initially appointed as constable with the respondent-Department and was promoted to the post of A.S.I. on 14.07.2000. While he was posted as ASI in the office of Superintendent of Police, Kullu, FIR was lodged on 13.6.2005 against a foreigner namely, Kozi Tateno (Japanese) and the petitioner under Section 13(2) of the Prevention of Corruption Act and Sections 201, 212, 217 and 120-B of IPC. Department after having placed the petitioner under suspension on 13.06.2005 initiated departmental inquiry. Inquiry Officer submitted the report stating therein that since the criminal case has been registered against the petitioner, he should not be proceeded departmentally on the same set of charges. Aforesaid report of inquiry was accepted by the Commandant, 1st Indian Reserve Battalion, Mangarh, District Una on 29.1.2007 vide Annexure P-2. Subsequently, petitioner was acquitted in corruption case vide judgment dated 22.08.2008/23.08.2008 passed by learned Special Judge, Kullu, District Kullu, H.P.(Annexure P-1). After acquittal of the petitioner in criminal proceedings, departmental inquiry was initiated on 16.6.2005 against the petitioner on the same set of charges. Interestingly, respondent No.3 after hounourable acquittal of petitioner in criminal proceedings, again directed respondent No.4 on 30.11.2009 to hold fact findings inquiry that in what manner pass port was handed over to Kozi Tateno. The fact finding inquiry was conducted by Superintendent of Police, Kullu, who submitted his report on 21.1.2010. On the basis of the report of fact finding inquiry, fresh inquiry was ordered to be instituted against the petitioner on 9.4.2010. However, same was withdrawn on 4.5.2010 and thereafter again fresh inquiry was instituted against the petitioner on 3.6.2010. However, petitioner was again absolved by the inquiry officer on 6.6.2011. The Departmental Promotion Committee met on 28.10.2011, wherein name of the petitioner was recommended for promotion to the post of Sub Inspector, however, when the matter went for approval of the recommendations of the Departmental Promotion Committee, respondent No.2 instead of approving the same, instituted fresh inquiry to be conducted by the Deputy Superintendent of Police (Headquarters) Kullu, District Kullu, H.P.

2. Being aggrieved and dissatisfied with the aforesaid action of respondent No.2, petitioner herein filed writ petition bearing Civil Writ Petition No.1145 of 2012-E, praying therein for following reliefs:

“i). That the impugned order dated 22.2.2012 contained in Annexure P-13 vide which the respondent No.2 has ordered for fresh departmental inquiry may kindly be quashed and set-aside.

ii). That the respondents may be directed to expunge the adverse entry in ACR which was entered due to court case in the year 2006 as the petitioner has now been acquitted form the charges by the competent court of law as well as by the departmental inquiry.

iii) That the respondents may be directed to grant the all service benefits which has wrongly been withheld by the respondents due to the court case.”

3. This Court vide judgment dated 7.5.2013 quashed and set-aside the order of fresh inquiry issued by respondent No.2 and directed the respondents to accord the necessary approval to the recommendations of the Departmental Promotion Committee held on 28.10.2011 to promote the petitioner to the post of Sub Inspector from due date with all the consequential benefits. In terms of aforesaid judgment rendered by this Court petitioner though was promoted to the post of Sub Inspector, but with effect from 22.5.2010, whereas he was entitled to such promotion from 17.7.2008 i.e. when he was honourably acquitted in the criminal proceedings initiated against him.

4. On inquiry, it transpired that petitioner has not been given promotion with effect from 17.7.2008 on account of adverse entry in the ACR for the period of 2005-06, wherein it stands recorded that “one criminal case is re