Sitaram Sharma vs The State Of Madhya Pradesh
2023 Latest Caselaw 8957 MP

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                                                        W.P. No.20254/2021


    IN THE HIGH COURTOF MADHYA PRADESH
                 AT I N D O R E
                              BEFORE
            HON'BLE SHRI JUSTICE VIVEK RUSIA

                   ON THE 16th OF JUNE, 2023

                 WRIT PETITION No. 20454 of 2021

BETWEEN:-
SITARAM SHARMA S/O SHRI MAHENDRA PAL SHARMA, AGED
ABOUT 43 YEARS, OCCUPATION: SERVICE P.S. BHAVGHAR,
MANDSAUR (MADHYA PRADESH)
                                                      .....PETITIONER
(SHRIAKASH SHARMA, LEARNED COUNSEL FOR THE PETITIONER.)

AND
   THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY
1. DEPARTMENT OF HOME        POLICE VALLABH    BHAWAN
   MANGTRALAYA (MADHYA PRADESH)
   INSPECTOR GENERAL OF POLICE UJJAIN RANGE UJJAIN
2.
   (MADHYA PRADESH)
   DEPUTY INSPECTOR GENERAL OF POLICE RATLAM RANGE
3.
   RATLAM (MADHYA PRADESH)
4. SUPERINTENDENT OF POLICE MANDSAUR (MADHYA PRADESH)
                                                  .....RESPONDENTS
(SHRI KUSHAL GOYAL, LEARNED DY. ADVOCATE GENERAL FOR THE
RESPONDENTS/STATE.)


      This petition coming on for hearing this day, the court passed
the following:
                               ORDER

The petitioner has filed the present petition being aggrieved by order dated 16.6.2021 whereby the Dy. Inspector General of Police, Ujjain Division has dismissed his appeal filed for upgradation of his annual confidential report (ACR) for the year 2019.

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W.P. No.20254/2021

The Superintendent of Police, Mandsaur has awarded' Gha' to the petitioner on the basis of a discrete information about suspicious his conduct. The said adverse ACR was communicated to the petitioner which he challenged by way of an appeal and the same has been dismissed by the impugned order without assigning any reason. Hence, the present petition before this Court.

After notice, respondents have filed the reply submitting that the petitioner was appointed as Constable on 24.12.1987 and was further promoted as his ACRs were up to the mark till 2019. On the basis of an information about his suspicious conduct, 'Gha' was awarded in his ACR. However, no material has been disclosed in the return about the suspicious activity or conduct. The appellate authority also dismissed the appeal without assigning any reason.

In similar facts and circumstances this Court in the case of Harshvardhan Singh V/s. State of M.P. & others (W.P. No.5902/2021 decided on 17.3.2023) has remanded the matter back to the Superintendent of Police to reconsider and assess the service record of the petitioner therein of the relevant year for grading him. Relying on the aforesaid judgment, the co-ordinate Bench of this Court has also allowed W.P. No.5903/2021 vide order dated 18.4.2023.

In view of the above, this petition is allowed. The impugned orders whereby the entry 'Gha' has been endorsed in the ACR of the petitioner are hereby set aside. The matter is directed to be placed before the Superintendent of Police, Mandsaur to assess the service record of the petitioner of the relevant year to grade him.

( VIVEK RUSIA ) JUDGE Alok/-

Digitally signed by ALOK GARGAV Date: 2023.06.19 11:04:04 +05'30'