Adverse remarks in ACR must be substantiated and judicial review allows reconsideration of promotional claims without directing specific outcomes.

JUDGMENT :

Sanjeev Prakash Sharma, J.

Challenge in the present appeals by the State of Haryana and the other officers of the Police is to the judgment dated 08.03.2021 whereby learned Single Judge has allowed two writ petitions bearing CWP Nos. 17240 of 2020 and 24220 of 2015 and directed the petitioner to be granted notional promotion accompanied by all her service benefits as no adverse remarks having been passed for which she is entitled to all the arrears of salary pay benefits etc. of that rank with effect from 26.10.2016 with interest @ 12% per annum from the day became due till realization of the amount and also set aside the adverse remarks entered in the ACR for the period 23.11.2014 to 31.03.2015.

2. Brief facts which need to be noticed are that the petitioner was initially appointed as Constable at Gurugram on 11.09.1988 and having participated in several sports activities and won several medals, she was granted adhoc promotion as Head Constable with effect from 31.12.1993. On account of her exemplary performance, the Director General of Police, Haryana, promoted her to the post of Head Constable along with cash prize and special diet vide order dated 15.12.1995. It is to be noticed that actual promotion to the post of Head Constable was not granted and she preferred civil suit for declaration to the effect that she was legally entitled to the said post with effect from the date of passing of the order dated 15.12.1995.

3. The Civil Suit was decreed on 29.11.1999. The appellants challenged the said judgment and decree in appeal. Learned Additional District Judge overturned the judgment vide his judgment dated 14.06.2000, however, in RSA No. 3508 of 2000, this Court allowed the appeal and restored the judgment and decree passed by the Civil Court on 29.11.1999 vide order dated 17.11.2003. In implementation of the said judgment, the petitioner was granted promotion on the post of Head Constable with effect from 15.12.1995. She was also granted seniority and placed above Daya Kaur and Shobha Rani. Her pay was also accordingly fixed on the post of Head Constable. In lieu of consequential orders, the petitioner was granted due date promotions as ASI with effect from 08.04.2002 and to the post of Sub-Inspector on officiating basis with effect from 01.07.2004. In the seniority list dated 15.09.2006 of Lady Sub-Inspectors, Gurugram, the petitioner was placed at Sr. No. 10 and Daya Kaur was placed at Sr. No. 8. While the petitioner was posted at Police Station, Udyog Vihar, Gurugram, under DCP, West, Gurugram, she was granted commendation certificate by the Deputy Commissioner, Gurugram. However, she was transferred to Police Line, Gurugram, despite there being no complaint against her vide order dated 18.02.2015 and was issued advisory note on 26.02.2015 alleging that she was interfering in the work of I.O. of Police Station, Udyog Vihar, which amounted to dereliction of duty and her integrity was brought under doubt.

4. While the petitioner was working as Additional Station House Officer at Police Station, Udyog Vihar, adverse remarks were entered in her ACR for the period 23.11.2014 to 31.03.2015 as under:-

'During your work as Additional SHO P. S. Udyog Vihar, your integrity was found doubtful for which an advisory note was also issued to you vide letter No. 165-176/Steno dated 26.2.2015.'

5. The petitioner submitted that the adverse remarks had been entered into her ACR due to personal bias of SHO Sube Singh, who had been harassing her. Adverse remarks were challenged by the petitioner in CWP No.24220 of 2015 praying for expunging of adverse remarks for the period 23.11.2024 to 31.03.2015 and also prayed for quashing of order 16.09.2015 whereby her representation was rejected by the Director General of Police, Haryana, wherein she had prayed for expunging doubtful integrity remarks from her ACR.

6. Feeling aggrieved against the said adverse remarks, the petitioner preferred CWP No. 17240 of 2020 and submitted that on account of