Ranbir Singh vs State of Haryana and Others

Augustine George Masih, J.—Petitioner has approached this Court impugning the adverse remarks in the Annual Confidential Report for the period 17.06.2007 to 31.03.2008 conveyed to him on 20.12.2010 vide letter dated 26.05.2008 (Annexure P-4). Challenge has also been posed to the order dated 31.03.2011 (Annexure P-6) vide which the representation of the petitioner stands rejected by the Inspector General of Police, Ambala Range, Ambala Cantt.

It is the contention of the counsel for the petitioner that the petitioner, during the period in question, was although posted in CIA Staff, Kurukshetra, as a Head Constable but was not as Mohrar Head Constable of the CIA Staff, as has been asserted in the stand of the respondents. There is no complaint against the petitioner about his work and conduct which fact is admitted by the respondents and as per the latest affidavit which has now been filed dated 10/12.05.2014 by the Senior Superintendent of Police, Kurukshetra-respondent No. 4. Only on four occasions, the petitioner was given duty of Mohrar Head Constable (Night MHC) in CIA Staff vide Annexures R-IV to R-VII attached with the affidavit. These annexures pertain to 21.11.2007, 25.11.2007, 20.03.2008 and 16.04.2008. Annexure R-7 would not be relevant to the issue of the case as the period in question is from 17.06.2007 to 31.03.2008. He contends that the basis for recording the adverse remarks in the Annual Confidential Report of the petitioner having not been made out, the petitioner has been under a wrong impression awarded adverse remarks in his Annual Confidential Report for the period referred above, which were communicated vide letter dated 26.05.2008 (Annexure P-4). Petitioner, during this very period, has been issued seven Commendations Certificates by the Superintendent of Police, Kurukshetra, copies of which have been appended as Annexure P-9 (colly). He, on this basis, contends that the impugned orders cannot sustain.

On the other hand, counsel for the respondents submits that the Annual Confidential Report is recorded by the recording officer on the basis of his observations including the conduct and the other aspects as have been highlighted in the proforma for recording the Annual Confidential Report. Keeping that into consideration, the remarks were recorded. It cannot, thus, be said that the adverse remarks have been recorded without any basis as the conduct of the petitioner has been taken into consideration.

I have considered the submissions made by the counsel for the parties and with their assistance have gone through the records of the case.

Counsel for the respondents could not dispute the assertion of the petitioner that there was no written complaint against the petitioner about his work and conduct and that he had satisfactory service record. He also could not dispute the fact in the light of the affidavit dated 10/12.05.2014 that only on four occasions, petitioner was deputed to perform the duties of the Night Mohrar Head Constable at the CIA Staff, Kurukshetra and out of these four occasions, only three would be the relevant as the fourth one i.e. Annexure R-VII is dated 16.04.2008 which is beyond the period under consideration. Merely because the petitioner, during the relevant period, had on three occasions being deputed to perform the duties of the Night Mohrar Head Constable, it cannot be said that the petitioner was posted as a regular Mohrar Head Constable in the CIA Staff, Kurukshetra.

There is no basis for coming to a conclusion with regard to the recording of the adverse remarks in the Annual Confidential Report against the petitioner which were conveyed to him vide order dated 26.05.2008 (Annexure P-4). The impugned order dated 26.05.2008 (Annexure P-4), thus, cannot sustain and deserves to be set aside in the light of the above facts and circumstances. The consequential rejection of the representation of the petitioner by the Inspector General of Police, Ambala Range, Ambala Cantt, vide order dated 31.03.2011 (Annexure P-6) also cannot sustain and, therefore, these impugned orders are set aside.

The writ petition stands allowed.