IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Reserved on : 13.01.2025 Date of Pronouncement: 06.02.2025 Shri Ram EASI No.854/FBD …Appellant Versus State of Haryana and others …Respondents CORAM: HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON’BLE MRS. JUSTICE MEENAKSHI I. MEHTA Argued by:- Dr. Suresh Kumar Redhu, Advocate for the appellant.

Mr. Vivek Chauhan, Addl. A.G., Haryana for the respondents.

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Meenakshi I. Mehta, J.

By way of the instant intra-Court appeal, the appellant-writ petitioner (here-in-after to be referred as ‘the appellant’) has laid challenge to the judgment passed by learned Single Judge on 04.07.2019, dismissing CWP No.13358 of 2019, preferred by him for seeking the issuance of a writ in the nature of certiorari for quashing the Inquiry Report dated 05.03.2014, the order passed on 14.07.2014 to award him the punishment of stoppage of two annual increments with permanent effect, the order dated 08.03.2016 regarding modification of the above-referred punishment by reducing the same to the stoppage of his one annual increment with permanent effect, the order passed on 27.04.2016 qua the rejection of the revision-petition, the letters dated 24.02.2014 and 18.05.2015 regarding the recording of adverse remarks in his Annual Confidential Reports {for short ‘ACR(s)’}, the order passed on 24.11.2016 for rejecting his representation against the afore-said adverse remarks in his ACR(s), the letter dated 24.12.2016, as issued to inform him that his representation had been filed and the Notice issued on 03.04.2019 to the effect that he would stand retired on attaining the age of 55 years, with the further prayer for issuing a writ in the nature of mandamus, for directing the respondents to retain him in the service beyond the age of 55 years, till the date of his superannuation, with all the consequential benefits including his promotion as the officiating Assistant Sub Inspector and officiating Sub Inspector with effect from the date when the officials, junior to him, had been so promoted.

2. Shorn and short of unnecessary details, the facts, culminating in the filing of the present appeal, are that the appellant had filed the above- mentioned CWP, while averring that on 25.11.1987, he was recruited as a Constable in the Haryana Police and was promoted as the officiating Head Constable on 13.07.2004 and had, further, been promoted to the rank of the Exemptee Assistant Sub Inspector in the year 2009. He was also awarded 24 Commendation Certificates and thus, he had an unblemished service record to his credit but vide the order dated 12.07.2013, respondent No.4-Deputy Commissioner of Police, Head Quarters, Faridabad, ordered for conducting a departmental inquiry against him, in respect of the allegations of his having registered a false case under Sections 148, 149, 323, 506 & 307 IPC and Section 25 of the Arms Act vide FIR No.125 dated 12.08.2012 and having not returned the sum of Rs.1130/-, recovered during the personal search of the accused as conducted at the time of arresting him. The Inquiry Officer did not properly appreciate the evidence, brought on the record during the inquiry proceedings and vide the Report dated 05.03.2014 (Annexure P-1), he had wrongly held him (appellant) guilty for the delay of three months on his part in sending the country made pistol (Katta), as recovered during the investigation of the afore-said case, to the FSL for the examination thereof. Then, respondent No.4 issued the Show Cause Notice dated 26.05.2014 (Annexure P-4) to him, proposing the punishment of his dismissal from service. The appellant submitted his Reply (Annexure P-5) to the above- referred Notice wherein he denied all the allegations levelled against him. However, consequent upon the transfer of the then Deputy Commissioner of Police, i.e the Punishing Authority, a fresh Show Cause Notice dated 16.06.2014 (Annexure P-6) was issued to him by the new incumbent and he again submitted his Reply (Annexure P-7) to t