JUDGMENT : 

JAGMOHAN BANSAL, J.

1. The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of orders whereby he has been ordered to retire upon attaining the age of 55 years.

2. The petitioner belongs to Haryana Police Force. He joined as Constable on 01.02.1988. He by impugned order dated 06.07.2023 was ordered to retire at the age of 55 years. Order was passed in exercise of power conferred by Rule 9.18 (1) (c) of Punjab Police Rules, 1934 (as applicable to State of Haryana) (in short ‘PPR’).

3. Learned counsel representing the petitioner submits that impugned order has been passed contrary to State Government Instructions as well as applicable Rules. The petitioner has unblemished service record of 35 years. He has more than 70% good ACRs during last 10 years. He could not be made to retire on account of one bad ACR which was based upon minor punishment. There was three months’ notice, however, he was retired prior to three months. The respondent was bound to consider his entire service record.

4. Learned State Counsel reiterating contents of the impugned order submits that there is no infirmity in the impugned order warran