CWP No. 16037 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 16037 of 2010 DATE OF DECISION: September 08, 2010 Parvinder Kaur .........PETITIONER(S) VERSUS State of Punjab and others ......RESPONDENT(S) CORAM: HON'BLE MR. JUSTICE AJAI LAMBA Present: Mr. Munish Behl, Advocate, for the petitioner(s). AJAI LAMBA, J. (ORAL) 1. This petition has been filed under Articles 226 & 227 of the Constitution of India praying for issuance of a writ in the nature of certiorari quashing order Annexure P-1 i.e. adverse remarks recorded in the Annual Confidential Report of the petitioner for the period 01.04.2003 to 31.03.2004. The other prayer is for quashing order dated 15.03.2010 Annexure P-10 vide which, the Director General of Police, Punjab- respondent no. 2 has rejected the representation of the petitioner praying for expunging the adverse remarks. Challenge is also to the orders passed by respondent no. 1 vide which, relief was not given to the petitioner. 2. Brief facts of the case are that the petitioner was appointed as a Clerk and subsequently was promoted as Junior Assistant. Adverse remarks were entered in the Annual Confidential Report of the petitioner for the period 01.04.2003 to 31.03.2004, which are to the effect that the petitioner CWP No. 16037 of 2010 2 is habitual to serve by mounting political pressure. It seems that the remarks were conveyed whereafter the petitioner made a representation for expunging the same. Vide order dated 09.06.2005 Annexure P-3, representation was rejected with the following recording:- “2. The representation dated 4.8.04 submitted by Smt.Parvinder Kaur, Jr. Asstt against adverse remarks recorded in her ACR for the period from 1.4.03 to 31.3.04 has been considered alongwith relevant record and rejected being devoid of merit.” 3. The petitioner thereafter made an appeal to respondent no. 1 vide Annexure P-1. The appeal was rejected vide order Annexure P-6. The petitioner made another representation to respondent no. 1 through the Director General of Police i.e. by way of proper channel. In view of the earlier decision already taken by respondent no. 1, vide order Annexure P-8, the same was also dismissed. 4. The petitioner aggrieved by the same, approached this Court by way of filing CWP No. 7236 of 2009. Vide order Annexure P-9, this Court quashed order Annexure P-3 dated 09.06.2005 on the ground that the representation of the petitioner to Director General of Police had been rejected without assigning any reason and, therefore, the order is not sustainable in law. The matter was remanded back to the authority to pass a fresh speaking order. 5. As a consequence and in deference to the order passed by this Court, order Annexure P-10 has been passed. 6. Learned counsel for the petitioner contends that even in order Annexure P-10, no reasons have been assigned and there is no CWP No. 16037 of 2010 3 basis/evidence/proof of the fact that the petitioner had been exerting political pressure to continue in job. 7. I have considered the contention of the learned counsel. 8. Order Annexure P-10 records in detail the entire sequence of events. In the concluding part, it has been said that the adverse entries made in the Annual Confidential Report of the petitioner were not recorded with mala fide intention and the remarks were not recorded while sidelining the facts. 9. The nature of adverse remark recorded in the Annual Confidential Report is of the kind that would not carry any documentary or other proof. The officer concerned has recorded the remarks on the basis of his perception and the work of the petitioner during the period in question. There being no mala fide intention, the same cannot be interfered with. Even in the petition, no allegations of personal mala fide have been made. In such circumstances, while exercising extra ordinary jurisdiction, no scope is left for interference. 10. The petition is accordingly dismissed. 08.09.2010 (AJAI LAMBA) shivani JUDGE 1. To be referred to the reporters or not? 2. Whether the judgment should be reported in the Digest?