Ex. ASI Jai Raj vs State of Haryana and Others

Augustine George Masih, J.—Petitioner has approached this Court assailing the order dated 13.09.2007 (Annexure P-8) passed by the Superintendent of Police, Kurukshetra, vide which 4 annual increments have been stopped with cumulative effect. Prayer is also made for expunging the adverse remarks in the Annual Confidential Report for the period from 01.04.2006 to 31.03.2007 as also prayer has been made for quashing of Annexure P-13, vide which the petitioner has been retired from service compulsorily by the Director General of Police, Haryana as also the order dated 24.08.2009 (Annexure P-16), vide which the review petition preferred by the petitioner stands rejected.

It is the contention of the counsel for the petitioner that the petitioner has been acquitted in the criminal proceedings initiated against him in FIR No. 23 dated 01.06.2006 registered under Sections 7/13 of the Prevention of Corruption Act, 1988. His further contention is that the Annual Confidential Reports for the period 01.04.2006 to 31.03.2007 cannot sustain in the light of the acquittal of the petitioner and if the said Annual Confidential Reports are not taken into consideration, the impugned orders Annexure P-13 and P- 16 cannot sustain.

I have heard the counsel for the petitioner and have gone through the records of the case.

It is not merely the Annual Confidential Reports for the period 01.04.2006 to 31.03.2007 which have been taken into consideration by the Director General of Police while compulsorily retiring the petitioner under 9.18 (2) of the Punjab Police Rules, 1934 as applicable to the State of Haryana but also two other punishments imposed upon him of stoppage of three increments in a departmental enquiry held against him vide order dated 15.02.2007 and the punishment of stoppage of four annual increments with permanent effect against an enquiry held against him vide order dated 13.09.2007 (Annexure P-8). These two orders of punishment have not been assailed by the petitioner in the departmental proceedings, by filing any appeal or representation and, therefore, the same had attained finality. If the punishments have attained finality, the claim of the petitioner that the remarks in Annual Confidential Reports for the period 01.04.2006 to 31.03.2007 cannot be expunged as the said Annual Confidential Reports were based upon the departmental proceedings held against him where he was found guilty, and thus cannot be accepted. Further, the petitioner had earlier approached this Court by filing CWP No. 9309 of 2009 titled as ASI Jai Raj vs. State of Haryana and others, assailing the order of his compulsory retirement, which was withdrawn by the petitioner to avail of his alternative remedy of review/representation against the order of compulsory retirement. The writ petition was withdrawn on 01.07.2009 and thereafter, the petitioner availed of the remedy and the representation against the order of compulsory retirement was rejected by the Director General of Police, Haryana, vide order dated 24.08.2009 (Annexure P-16).

The petitioner has approached this Court after an inordinate or unexplained delay which also disentitles the petitioner to the claim made in this writ petition. Both on merits as well as on delay, the present writ petition deserves to be dismissed.

Ordered accordingly.