R.S.A.No.733 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A.No.733 of 2008 Date of Decision : 08.09.2009 S.I. Narain Chand ...Appellant Versus State of Haryana and others ...Respondents CORAM:HON'BLE MR. JUSTICE HEMANT GUPTA Present: Mr. N.S.Shekhawat, Advocate, for the appellant. Mr. Kulvir Narwal, Addl. AG, Haryana, for the respondents. HEMANT GUPTA, J. (ORAL) The plaintiff is in second appeal aggrieved against the judgment and decree passed by the learned first Appellate Court, whereby the defendants' appeal was accepted and the suit dismissed, in appeal. Learned counsel for the appellant has vehemently argued that the findings recorded by the learned first Appellate Court that the Reporting Officer has adversely commented upon the conduct of the plaintiff is not correct. It was the report of the Reviewing Authority, which was adverse and communicated to the appellant, therefore, the finding recorded by the learned first Appellate Court is not sustainable. Learned counsel for the appellant is correct to the extent that the Reporting Officer has not recorded any adverse remarks against the appellant, as is evident from the certified copy of Ex.D-2, produced by the appellant during the course of hearing. In fact, it was Ex.D-1, report of the Inspector General of Police, the Reviewing Authority, which R.S.A.No.733 of 2008 2 records to the following effect : “Period 1-4-2002 to 1-10-2002, I do not agree. He was placed under suspension for a custodial death. He has no control over his subordinates. He did not know what was happening in his Police Station. Ineffective and incapable officer.” The remarks of the Reviewing Authority are pertinent to the work and conduct of the appellant for the period in dispute. There is no allegation of mala fide against the Reviewing Authority. The Civil Court is not to act as a Court of appeal. In view of the above, I do not find that any substantial question of law arises for consideration of this Court in second appeal. Dismissed. 08.09.2009 (HEMANT GUPTA) Vimal JUDGE