121+283 (4)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-2766-2025 Date of Decision:13.02.2025 NARESH KUMAR ......... Petitioner Versus STATE OF HARYANA AND OTHERS …... Respondents Sr. Case Number Titled No.

2 CWP-3670-2025 SURINDER SINGH V/S STATE OF HARYANA AND OTHERS

3 CWP-34741-2024 ASHOK KUMAR V/S STATE OF HARYANA AND OTHERS

4 CWP-2327-2025 ESI BALJEET SINGH V/S STATE OF HARYANA AND ORS CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present : Mr. Sunil Kumar Nehra, Advocate with Mr. Viren Nehra, Advocate, Mr. Rahil Mahajan, Advocate Mr. Arjun Dosanj, Advocate and Mr. Akash Gahlawat, Advocate for the petitioner in CWP-2766-2025.

Mr. Ankur Lal, Advocate with Ms. Kavita, Advocate for the petitioner in CWP-3670-2025 &

CWP-34741-2024.

Mr. R.S. Malik, Advocate with Mr. Himanshu Singh, Advocate and Mr. Upjit Singh Brar, Advocate for the petitioner in CWP-2327-2025.

Ms. Rajni Gupta, Addl. AG, Haryana with Mr. Amandeep Joshi, DAG, Haryana and Ms. Dimple Jain, DAG, Haryana.

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JAGMOHAN BANSAL , J. (Oral)

1. By this common order CWP-2766-2025, CWP-3670-2025, CWP-34741-2024 and CWP-2327-2025 are disposed of since issues involved in the above captioned petitions and prayer sought are common. With the consent of parties and for the sake of brevity, facts are borrowed from CWP-2766-2025.

2. The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of order dated 18.12.2024 (Annexure P-17) whereby respondent has ordered to compulsorily retire him after the expiry of three months notice period.

3. The petitioner joined Haryana Police as Constable on 03.10.1989. He from time to time was promoted to higher ranks. He was promoted as Sub-Inspector w.e.f. 13.08.2018, however, was granted deemed date of promotion w.e.f. 02.02.2013. He came to be implicated in FIR No.001 dated 10.02.2021, under Section 7 of Prevention of Corruption Act, 1988 (for short, ‘1988 Act’). The respondent, on account of registration of aforesaid FIR, initiated departmental proceedings against him. He preferred Civil Writ Petition No.8486 of 2021 titled as ‘Naresh Kumar Vs. State of Haryana and others’ before this Court assailing departmental proceedings. This Court vide order dated

20.04.2021 stayed departmental proceedings.

The respondent recorded adverse remarks in his ACR for the period from April’ 2020 to March’ 2021. Adverse remarks were also recorded in his ACR for the period from April’ 2021 to October’ 2021. He preferred representation against adverse remarks. The Additional Director General of Police (for short ‘ADGP’), Rohtak Range, Rohtak vide order dated 19.12.2022 (Annexure P-13) rejected his representation against adverse remarks. He came to be implicated in another FIR No.012 dated 16.05.2022, under Section 7 of 1988 Act. The department initiated another inquiry against him. He preferred Civil Writ Petition No.19966 of 2022 titled as ‘Naresh Kumar Vs. State of Haryana and others’ before this Court assailing departmental proceedings. This Court vide order dated 05.09.2022 permitted the department to continue with inquiry without recording evidence of common witnesses.

The respondent recorded adverse remarks in his third ACR for the period from 21.04.2022 to 28.07.2022. He preferred representation against adverse remarks in the ACR. He preferred Civil Writ Petition No. 224 of 2025 titled as ‘Naresh Kumar Vs. State of Haryana and others’ before this Court which was disposed of vide order dated 15.01.2025 with a direction to DGP to decide his representation. The matter relating to adverse remarks is pending before DGP and by impugned notice-cum-order, Superintendent of Police, Karnal has ordered to compulsorily retire him from service on the expiry of three months notice period.

4. Learned counsel for the petitioner(s) submits that petitioner at the time of passing impugned order was holding rank of Sub-Inspector. He was promoted as Sub-Inspector by order dated 19.03.2021 passed by ADGP, Rohtak Range, Roht