Sukh Ram vs State Of H.P And Others

Tarlok Singh Chauhan, J

The instant petition has been filed for the grant of following substantive reliefs:-

i) A writ in the nature of mandamus be issued directing respondents to expunge the entire adverse remarks entered in the ACR for the period i.e. 01.04.2017 to 15.09.2017 of the petitioner.

ii) That the order dated 20.12.2019 passed by Director General of Police Himachal Pradesh may kindly be quashed and set aside.

Iii) That the respondents be directed to consider the petitioner for upcoming school course forthwith.

iv) That the respondent may kindly be directed to grant the petitioner promotion to post of Sub Inspector from the date i.e. 14.01.2019 whereby his counter parts were recommended alongwith all consequential benefits.

Record reveals that the Reviewing and Accepting Officer at Column 23 of the Annual Performance and Appraisal Report, made the following remarks:-

General remarks on overall performance, strength & areas of improvement.

I found the working of the officer highly dubious. He was suspended for taking bribe outer state vehicles from his PP Koksar posting. A DE was initiated alongwith other staff. As in-charge PP, he didn't inspire his men for probity and sincerity and was an accomplice in the bribery act.

Based on the aforesaid remarks, the overall grading and marks of the petitioner were graded as “below average”.

It is not in dispute that these remarks were made by the authorities at the time when the departmental proceedings against the petitioner for allegedly demanding bribe at Koksar were pending.

It is further not in dispute that after regular departmental inquiry, the petitioner was exonerated from the charges vide order dated 31.12.2018 for want of substantial evidence and said finding has attained finality.

Once that be so, obviously, the remarks that were made solely on the basis of the charge-sheet have now to be reviewed and expunged in view of the exoneration of the petitioner.

Resultantly, the present petition is allowed and the respondents are directed to expunge the remarks as contained in Column 23 of Annual Performance and Appraisal Report (Annexure P-5). Consequently, the over all grading and remarks of the petitioner are also required to be reviewed.

Accordingly, the Reviewing authority is directed to review overall grading and remarks of the petitioner in light of the observations made herein-in-above within a period of two weeks' from today and in case, the petitioner is found eligible, the respondents shall thereafter consider the case of the petitioner for Upper School Course in accordance with law.

The petition stands disposed of in the aforesaid terms, so also pending applications, if any.