RSA 3091 of 2009 1 IN THE HIGH COURT FOR THE STATES OF PUNJAN AND HARYANA AT CHANDIGARH RSA 3091 of 2009 (O&M) Date of decision: 23.10.2009 State of Haryana and others appellants vs Krishan Lal Respondent Present: Mr.Kulvir Narwal, Addl.A.G. Hry Mr. Rakesh Nagpal, Advocate 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? M.M.S.BEDI,J. Delay of 75 days in filing of the appeal is condoned. CM 9320- C of 2009 stands disposed of. The suit of the plaintiff-respondent for declaration that he was entitled to get first ACP scale on completion of 10 years regular satisfactory service on 6.2.2000, being an employee of the Haryana Roadways, Sirsa Depot was dismissed by the trial court on 2.8.2008. The plaintiff- respondent had actually been granted ACP scale w.e.f. 1.9.2002 as per the ACP Rules. The lower appellate court modified the judgment and decree passed by the trial court holding that since the adverse remarks of the year 1991 had not been communicated to plaintiff-respondent, the same cannot be treated adverse against him for determining his eligibility for ACP scale on completion of 10 years regular satisfactory service. The plaintiff- respondent will be entitled to the ACP scale w.e.f. 6.2.2000 instead of 1.9.2002. RSA 3091 of 2009 2 Learned counsel for the State of Haryana has contended that the judgments, relied upon by the courts below, pertained to the employees, who were exonerated in the departmental inquiries and were acquitted in criminal cases but in the present case adverse remarks had been recorded against him in the year 1991 regarding his integrity and that the departmental inquiry was pending against him prior to the year 2000, in which he has been inflicted punishment of recovery of Rs.3993/-on account of loss of tickets, as such he cannot be said to have completed regular satisfactory service of 10 years for the purpose of grant of ACP scale w.e.f. 6.2.2000. I have heard learned counsel for the parties at length and gone through the facts and circumstances of the case. So far as the adverse remarks recorded against the plaintiff-respondent pertaining to the year 1991 are concerned, the same were never communicated to him, as such these cannot be considered adverse. So far as the departmental proceedings, which were initiated against the respondent regarding the loss of tickets worth Rs. 3993/- are concerned, he had been exonerated in the departmental proceedings and the same had not been considered to be misconduct but for the loss , alleged to have been caused by him, he was made to make good the value of the tickets, lost by him to the extent of Rs.3993/-. In view of the said circumstances, I do not find any force in the contention of the learned counsel for the appellant that in the absence of absolute exoneration, the ACP scale cannot be granted to the plaintiff- respondent. The disciplinary authority, in its wisdom, has exonerated the plaintiff-respondent from the allegation of misconduct but the loss of the tickets has been considered to be misconduct for the purpose of service rules, as such, the grant of ACP scale w.e.f. 6.2.2000 to the plaintiff- respondent does not seem to be illegal. It is further made clear that a RSA 3091 of 2009 3 decision in principle has already been taken by the State to grant ACP scale but the only controversy is whether it has to be given from the year 2000 or from the year 2002. No specific question of law arises in the present case. No ground for interference is made out. The appeal is dismissed. October 23 ,2009 ( M.M.S.BEDI ) TSM JUDGE