Punjab-Haryana High Court
Hc Ajay Kumar vs State Of Haryana And Others on 24 April, 2023
Neutral Citation No:=2023:PHHC:057532
CWP No.9467 of 2019(O&M) 1 2023:PHHC:057532
213
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP No.9467 of 2019(O&M)
Date of Decision: 24.04.2023
HC Ajay Kumar ......Petitioner
Vs
State of Haryana and others .....Respondents
CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH
Present:Mr. Bhag Singh, Advocate
for the petitioner.
Mr. Tapan Kumar Yadav, DAG, Haryana.
****
RAJ MOHAN SINGH, J.(Oral)
[1]. The petitioner has assailed the communication dated
13.05.2013 issued by the Superintendent of Police, Karnal,
order dated 12.02.2014 passed by the Inspector General of
Police, Karnal, order dated 28.08.2018 passed by the Additional
Director General of Police, Ambala and order dated 19.04.2018
passed by the Director General of Police, Panchkula in the
context of issuing adverse remarks in the Annual Confidential
Report for the period 01.04.2021 to 04.12.2021 and inflicting
punishments by the authorities in hierarchy.
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[2]. The adverse remarks in the ACR was communicated to
the petitioner on 13.05.2013. The petitioner made a
representation to the Inspector General of Police, Karnal Range,
Karnal on 12.06.2013. The representation was dismissed by the
Inspector General of Police, Karnal on 12.02.2014. On the basis
of departmental enquiry, the petitioner was punished by the
prescribed authority, however, on appeal filed by the petitioner
against the order passed in the departmental proceedings, he
was exonerated by the appellate authority on the basis of
scrutiny of entire service record. The petitioner was also
acquitted by the Court of Chief Judicial Magistrate, Yamuna
Nagar in FIR No.268 dated 20.06.2012 under Sections 419,
420, 120-B IPC, Police Station City Yamuna Nagar vide
judgment of acquittal dated 15.10.2016 after a full fledged trial,
finding no incriminating material against the petitioner. On the
basis of changed circumstances, the petitioner also filed
another representation before the Director General of Police.
The said representation was dismissed by the Director General
of Police on the ground that second representation was not
maintainable vide order dated 19.04.2018.
[3]. Admittedly, on the basis of order of acquittal and
exoneration of the petitioner in the departmental proceedings by
the appellate authority, the order of punishment has been set
aside by the Inspector General of Police vide order dated
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05.08.2014. As of now, there is nothing incriminating against the
petitioner, except the adverse entry in the ACR for the period
01.04.2012 to 04.12.2012. There is no material in existence
supporting the ACR in any manner.
[4]. Since the rigour of punishments has already been
vanished away, in the criminal trial, the petitioner has been
acquitted and in the departmental proceedings, the petitioner
has been fully exonerated, therefore, I deem it appropriate to
accept this writ petition on finding that there is no basis for
recording adverse entry in the ACR. Even if, some material was
available at the time of recording ACR, but as of now, the said
material does not have any evidentiary value in view of complete
exoneration of the petitioner in the departmental proceedings by
the appellate authority, acquittal of the petitioner in the criminal
trial and acceptance of the appeal against the order of
punishment by the competent authority.
[5]. Consequently, this writ petition is allowed. Impugned
orders are accordingly set aside.
(RAJ MOHAN SINGH)
24.04.2023 JUDGE
Prince
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
Neutral Citation No:=2023:PHHC:057532
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