IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 6558 of 2009 Date of Decision: 30.4.2009. Ramesh Kumar --Petitioner Versus State of Punjab & others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. M.K. Bhandari, Advocate for the petitioner. *** PERMOD KOHLI.J (ORAL) Notice of motion. Mr. B.S. Chahal, DAG, Punjab has been asked to accept notice on behalf of respondents-State. With the consent of learned counsel for the parties, this petition is disposed of at the motion stage itself. The petitioner suffered adverse confidential reports vide order dated 25.10.2004 (Annexure P-5) for the period 10.6.2003 to 7.11.2003. He filed a statutory representation to the DIG, Ludhiana Range, Ludhiana against the adverse reports. The said representation has been disposed of vide communication dated 11.8.2006 by a non-speaking order. The petitioner has accordingly filed this petition challenging the aforesaid communication dated 11.8.2006 as also the adverse entries. It is primarily for the competent authority to examine the validity or otherwise of the adverse ACRs, however, respondents were required to dispose of the representation by a speaking order. The order (Annexure P-8) is not sustainable in the eyes of law. CWP. No. 6558 of 2009 -2- In view of the above circumstances this petition is partially allowed. The communication dated 11.8.2006 (Annexure P-8) is hereby set aside and the matter is remitted back to the DIG, Ludhiana Range, Ludhiana to pass a fresh order on the representation of the petitioner after affording him an opportunity of being heard. The petitioner is at liberty to supplement his representation, if, so desired within a period of two weeks from today. On consideration of the representation and after hearing the petitioner the DIG will pass a reasoned and speaking order. Needless to say that in the event the claim of the petitioner is to be rejected, the same shall be by a reasoned and speaking order. Copy of this order be given Dasti. Disposed of as such. (PERMOD KOHLI) JUDGE 30.4.2009 lucky