CWP NO.15950 of 2007 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP NO.15950 of 2007 Decided on : 17.02.2009 Tek Chand ....Petitioner VERSUS State of Haryana and others ....Respondents CORAM:- HON'BLE MR. JUSTICE AJAY TEWARI Present:- Mr. D. N. Ganeriwala, Advocate for the petitioner. Mr. Harish Rathee, Sr. DAG, Haryana AJAY TEWARI J. The following entries were recorded in the Annual Confidential Report of the petitioner which has been placed as Annexure P-1:- “Following adverse entries have been shown in the Annual Confidential Report of H.C. Tek Chand No.137/Fatehabad for the period 8.6.2003 to 29.10.2003. 2. Integrity : No comments since a criminal case FIR No.802 dated 20.10.2003 u/s 384 IPC as Sadar Hisar is pending against him. 3. Reliability : -do- An average official. 4. General Remarks: An “Average” official. A criminal case FIR No.802 dated 20.10.2003 is pending against him. Shortly thereafter, he was acquitted in the criminal case CWP NO.15950 of 2007 -2- of judgment and order dated 10.09.2004 and 13.05.2005. His appeal was against the above mentioned remarks was rejected. It is not disputed that on the same allegations as were there in the criminal case, an enquiry was also alleged against the petitioner and he came to be exonerated in the same by subsequent order dated 8.8.2005. The limited prayer made by learned counsel for the petitioner is that since his exoneration in the enquiry came after the appellate order, the appellate authority should be directed to decide the appeal afresh after considering the affect of his exoneration in the enquiry proceedings. I find this to be a reasonable request. In the circumstances, this writ petition is disposed of with a direction to the Inspector General of Police, Hisar Range, Hisar to take a fresh decision on the appeal filed by the petitioner against the above mentioned adverse remarks after considering the enquiry report exonerating the petitioner. Needful be done within a period of three months from the date of receipt of a certified copy of this order. Accordingly, the petition stands disposed off. February 17, 2009 ( AJAY TEWARI ) ashish JUDGE