201 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ****

Date of Decision: 15.12.2025 Raj Kumar Sharma ...Petitioner Versus State of Haryana and Others ...Respondents CORAM:- HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present:- Ms. Shreya Mangla, Advocate for Mr. Manish Soni, Advocate for the petitioner.

Mr. Ravi Partap Singh, DAG, Haryana.

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JAGMOHAN BANSAL, J. (ORAL)

1. The petitioner through instant petition under Articles

226/227 of the Constitution of India is seeking setting aside of:-

(i) Remarks recorded in his Annual Confidential Report (ACR for the period from 01.04.2023 to 09.10.2023;

(ii) Notice dated 30.09.2024 (Annexure P-13); and (iii) Order dated 14.10.2024 whereby he has been ordered to retire w.e.f. 10.01.2025.

2. The petitioner joined Haryana Police Force as Constable on 01.10.1989. He was promoted from time to time. He was adorned with Own Rank Promotion (ORP) to the post of Sub Inspector. Crime Branch, Gurugram while investigating FIR No.2313 dated 02.10.2023 arrested 7 persons including Atul Khatana. Incharge of Crime Branch vide report dated 07.10.2023 intimated DCP Crime that Atul Khatana has disclosed that in 2020 truck of Sandeep alias Bandar was apprehended by CIA Staff and thereafter released on payment of Rs.10,00,000/- to SHO Raj Kumar and this fact was told to him by Sandeep alias Bandar.

3. Based on aforesaid report, DCP Gurugram placed the petitioner under suspension. Regular departmental inquiry was conducted and he was declared guilty. The Disciplinary Authority issued him show cause notice dated 08.02.2024 proposing punishment of stoppage of 7 future annual increments with permanent effect.

4. The Disciplinary Authority issued him second show cause notice dated 07.08.2024 proposing punishment of dismissal from service. He filed CWP-20512-2024 before this Court which was allowed vide judgment dated 03.09.2024 and show cause notice dated 07.08.2024 was set aside. Costs of Rs.10,000/- was imposed upon the respondent.

5. There was no adverse entry in his ACR for the period from April’ 2013 to March’ 2023. The respondent recorded adverse remarks in his ACR for the period from April’ 2023 to October’ 2023. His integrity was declared doubtful. The adverse remarks in his ACR came to be confirmed by higher authority. On the basis of adverse remarks in the petitioner’s ACR, the respondent issued him show cause notice dated 30.09.2024 proposing retirement at the age of 55 years. The respondent passed order dated 14.10.2024 whereby he was ordered to retire w.e.f.

10.01.2025.

6. Learned State counsel during the course of hearing produced photocopy of office file.

7. Learned State counsel submits that competent authority has passed impugned order and while passing impugned order, ACRs of last ten years were considered. As per Government Instructions dated

05.02.2019, if even one ACR is adverse with respect to integrity, the employee cannot be retained beyond 55 years. The petitioner’s integrity was recorded doubtful in ACR for the period from 01.04.2023 to 09.10.2023. In view of adverse ACR, he was liable to be retired at the age of 55 years.

8. As per Haryana Government Instructions dated 05.02.2019, service record of last 10 years is considered for the retention of employee beyond 55 years. The employee is required to have at least 70% good ACRs. His integrity should not be doubtful in last 10 years.

9. The impugned order has been passed by Deputy Commissioner of Police, Gurugram. He was Competent Authority to pass the order. He has duly considered ACRs of last 10 years. He has decided not to retain the petitioner beyond 55 years on the ground that petitioner’s ACR for the period from 01.04.2023 to 09.10.2023 was doubtful qua integrity. As per Government Instructions, an employee cannot be retained beyond 55 years if his integrity was found doubtful during preceding 10 years.

10. The petitioner filed CWP No. 20512 of 2024 before this Court which was allowed vide judgment dated 03.09.2024. By said judgment, show cause