LPA No. 1619 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No. 1619 of 2010 (O&M) Date of Decision 06.01.2011 Rajesh -----Petitioner 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. Jagdeep Singh, 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. The instant appeal filed under Clause X of the Letters Patent is directed against the judgment dated 19.03.2009 rendered by the learned Single Judge upholding the compulsory retirement of the appellant after rendering 25 years of service under sub Rule (2) of Rule 9.18 of Punjab Police Rules, 1934 (as amended by the State of Haryana in 1973). According to the Rule, if the police official has completed 25 years of service then he can be compulsorily retired in public interest on the basis of his service record. It has come on record that ASI Ram Chander was enrolled in Haryana Police on 19.11.1962 and passed his Lower School Course in March 1973. He was promoted as Head Constable in June 1973 and further promoted as Assistant Sub Inspector on 24.10.1981. He was confirmed as such on 31.10.1985. He was compulsorily retired vide order dated LPA No. 1619 of 2010 (O&M) -2- 04.06.1993 (P-8), which shows that he had completed more than 25 years of service. During the pendency of the proceedings before this Court, ASI Ram Chander had expired and the present appeal has been filed by his son claiming that the order of compulsory retirement and that of the learned Single Judge are liable to be set aside. 2. The record of the ACR earned by the appellant is discernible from show cause notice dated 14.07.1992 (P-6/A), which would prove that he has become dead-wood and it was in larger public interest to compulsorily retired him from service. The summary of the record as set out in the show cause notice is as under: “i) Censured in 1978 for having been found absent from Police lines without permission of the competent authority, during the surprise visit of Police Lines, Narnaul by Sh. Bal Bir Singh DSP/ Hqrs at 11.30 on the night of 25/26.11.77. ii) Censured in 83 for having been found absent from duty on 25.3.83 while posted at PS Nuh. iii) Two future increments stopped with permanent effect in 86 for his misconduct that while he was posted as I/C guard to produce accused of case FIR 181/84 u/s 302/506/34 IPC PS Fatehbad, he took the accused Bhoop LPA No. 1619 of 2010 (O&M) -3- Singh etc. to his village for meeting with their families after producing in court on 15.6.84. The accused were brought from Distt. Jail, Bhiwani. iv) 4 future increments stopped with permanent effect in 87 on the allegation that while posted in PS City Hisar, he was unable to keep his revolver under the influence of liquor on 9.6.86. v) Censured in 87 for having been found under the influence of liquor. vi) Censured in 88 for absence from duty. vii) One future increment stopped temporarily in 88 for his misbehaviour with District Police Inspector. He was held up at the efficiency Bar w.e.f. 1.4.83, 1.4.84, 1.4.85 & 14.86 in the rank of ASI besides above, he has earned following adverse remarks in his ACRs during his service. “ 3. The confidential record of the petitioner as reflected in the show cause notice further shows that the appellant was a habitual drinker and was addicted to alcohol. The consumption of alcohol resulted in misbehaviour and use of abusive language against his superiors. There were criminal cases registered against him and LPA No. 1619 of 2010 (O&M) -4- he caused embarrassment to the authority a number of times. Therefore, we feel that there is no other view possible except the one taken by the learned Single Judge. Accordingly, order of compulsory retirement of the appellant is upheld and the appeal is dismissed. (M.M. KUMAR) JUDGE (T.P.S. MANN) JUDGE January 06, 2011 Atul