LPA No. 499 of 2011(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No. 499 of 2011(O&M) Date of Decision 15.03.2011 Jai Kishan No.1/ JJR(Now 7/JJR) ---Appellant Versus State of Haryana and others ---Respondents CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE T.P.S. MANN Present: Mr. Sat Narain Yadav, Advocate for the appellant. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. KUMAR, J. 1. The instant appeal filed under Clause X of the Letters Patent is directed against order dated 06.09.2010 dismissing the writ petition and also order dated 29.09.2010 dismissing the review application filed by the appellant. The learned Single Judge has noticed few facts that the appellant was promoted as Head Constable in the year 1990. Some adverse remarks were made in his confidential reports for the period from 21.09.1990 to 31.03.1991, 15.07.1997 to 24.04.1998 and then on 25.11.1998 to 19.03.1999. He had submitted representation against the adverse remarks, which was rejected. However, on 03.08.2001, the then Director General of Police accepted the mercy petition and ordered the adverse remarks to be expunged. 2. On 07.08.2006, the Director General of Police issued a LPA No. 499 of 2011(O&M) -2- show cause notice asking him to explain as to why the undue benefit in respect of expunging of adverse remarks already given to him be not withdrawn. Thereafter, on 19.10.2006, an order was passed for reconstruction of the ACRs of the appellant, which were earlier expunged. The appellant filed CWP No. 17963 of 2006 against the aforesaid order which directed the reconstruction of his ACRs. He also filed another petition, namely, CWP No. 18801 of 2006 to challenge his reversion as he was reverted from the post of ASI to Head Constable. Both these writ petitions were dismissed on 18.04.2007. Thereafter, the appellant filed Special Leave Petition before Hon'ble the Supreme Court, which was admitted and the name of the appellant from list D, was removed by the official respondent but it was not given effect to as the Special Leave Petition was pending. 3. The appellant was again promoted as ASI and then to the post of SI on 02.10.2008, when the proceedings were pending in Hon'ble the Supreme Court. He further earned promotion as Inspector under Own Rank Promotion Policy on 19.06.2009. He withdrew Civil Appeal, which was pending before Hon'ble the Supreme Court on 27.09.2009, pleading that the effect of adverse remarks has lapsed on the expiry of 10 years period. Accordingly, the Civil Appeal was dismissed as having been rendered infructuous. After dismissal of the appeal, Inspector General of Police, Rohtak Range, has written to Superintendent of Police, Jhajjar, to take action resulting from the dismissal of the Civil Appeal, which was LPA No. 499 of 2011(O&M) -3- sought to be challenged before the learned Single Judge. Accordingly, the learned Single Judge has dismissed the first writ petition then the review holding that once Civil Appeal has been withdrawn then order passed by this Court would operate. As a consequence, the adverse remarks in the ACRs of the appellant would stand restored and accordingly, the reversion of the appellant would not be unjustified because the promotion earlier earned by him was based on the expunging of adverse remarks. The learned Single Judge has noticed that only communication sent by Inspector General of Police to the Superintendent of Police, Jhajjar is subject matter of challenge in this petition. 4. Having heard learned counsel for the appellant, we are of the considered view that no interference in the order passed by the learned Single Judge would be warranted. The appeal is wholly without merit and is, thus, liable to be dismissed. The appellant has firstly withdrawn his Civil Appeal, as a result whereof, the order passed by this Court has attained finality and the ACRs stand restored on his confidential rolls. The effect of the ACRs has to be taken into account. 5. Accordingly, the appeal fails and the same is dismissed. (M.M. KUMAR) JUDGE (T.P.S. MANN) March 15, 2011 JUDGE Atul