CIVIL WRIT PETITION NO.2716 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CIVIL WRIT PETITION NO.2716 of 2010 DATE OF DECISION: AUGUST 10 , 2010 Sultan Singh .....Petitioner VERSUS The State of Haryana & others ....Respondents CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH. PRESENT: Mr. Jitender Nara, Advocate for the petitioner. Mr. Harish Rathee, Sr.DAG, Haryana, for the State. Mr. Ravinder Jain, Advocate, for respondent No.4. RANJIT SINGH, J. The petitioner has filed this writ petition to impugn the order dated 26.10.2009 (Annexure P-3) vide which he has been ordered to be retired compulsorily w.e.f. 9.3.2010. The respondents have compulsorily retired the petitioner from service on the ground that his Annual Confidential Report for the year 2000-01 was containing the remarks of 'integrity doubtful' and hence, as per the Institution, the petitioner could be retired on the completion of 55 years of age. The primary submission made by counsel for the CIVIL WRIT PETITION NO.2716 of 2010 -2- petitioner is that he had filed a representation against the ACR for the year 2000-01 on 16.7.2001 (Annexure P-7) and without deciding the representation the petitioner has been compulsorily retired on the basis of impugned ACR. In reply filed by the State, it is pointed out that no representation against the ACR for the year 2000-01 was ever received in the office of respondent No.2 and thus, the main ground of attack is answered by the respondents in this manner. Otherwise, the report for the year 2000-01 contains remarks that the petitioner is indisciplined, is of doubtful integrity and one who was disobedient. Since the issue involved is to see if any representation was submitted or not, this can more appropriately be gone into by filing a civil suit where the petitioner can get proper opportunity to prove this factual issue. It would be appropriate that the same be proved by leading evidence. The petitioner is relegated to his remedy to file a civil suit, if so advised, where this issue can appropriately be decided. Dismissed with the liberty to file civil suit. August 10, 2010 ( RANJIT SINGH ) monika JUDGE