CWP No.3900 of 1990 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.3900 of 1990 DATE OF DECISION: March 8, 2010 DALBIR SINGH ...PETITIONER VERSUS STATE OF PUNJAB & OTHERS ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA. PRESENT: MR. R.S. AHLUWALIA, ADVOCATE FOR THE PETITIONER. MR. SANDEEP MOUDGIL, DAG, PUNJAB. ASHUTOSH MOHUNTA, J.(ORAL) The petitioner has prayed for quashing of order dated 17.10.1989 (Annexure P-2), passed by the SSP, Gurdaspur vide which the petitioner was not confirmed as Head Constable. The petitioner was inducted into Police Department and was enlisted as Constable w.e.f. 21.1.1975. He qualified Lower School Course in February 1982 and his name was brought on promotion list 'C' w.e.f. 1.4.1982. The petitioner was promoted as officiating Head Constable w.e.f. 11.6.1982, vide Annexure P-1. However, vide order Annexure P-2, the petitioner was not confirmed as Head Constable on the ground that he had a chequered service record for the period 1.4.1986 to 31.3.1987. Counsel for the petitioner has vehemently argued that apart from mentioning that the petitioner had a chequered service record, there are no adverse entries against the name of the petitioner and hence he has wrongly been ignored. CWP No.3900 of 1990 -2- Reply has been filed on behalf of respondents No.1 to 3 wherein it has been averred that the petitioner earned bad report (Annexure R-1) for the period 1.4.1986 to 31.3.1987, and the same has duly been conveyed to the petitioner. A warning/advise was issued to the petitioner vide Annexure R-2 which was also conveyed to him. It is contended by the counsel for the respondents that as no person of a chequered service record has been promoted to the post of Head Constable, hence the petitioner has rightly been ignored for confirmation as Head Constable. I have perused the service record of the petitioner and on perusal, I find that there is not a single entry which could be termed as 'Good'. There are numerous entries which are 'Satisfactory', but not even a single entry of the petitioner is 'Average'. In view of the fact that the persons promoted had a far better service record than the petitioner and the petitioner did not have even a single 'Average' entry also to his credit, therefore, the petitioner was rightly ignored for confirmation to the post of Head Constable vide order dated 17.10.1989 (Annexure P-2). Resultantly, I find no merit in the writ petition and the same is dismissed. March 8, 2010 (ASHUTOSH MOHUNTA) Gulati JUDGE