IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No. 3170 of 2009 Date of Decision: 20.3.2009 Tarsem Lal Head Constable (Retd.) ---Petitioner Vs. State of Punjab and others ---Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. Gurcharan Singh, Advocate for the petitioner. *** PERMOD KOHLI.J (ORAL) At the outset, learned counsel for the petitioner states that in the list of dates and events at page 7 due to inadvertent mistake, it has been mentioned that CWP No. 3648 of 1992 was dismissed on 12.1.1993, whereas the said writ petition was admitted on the said date and is still pending. Learned counsel seeks leave of the Court to make necessary correction in the list of dates and events. Prayer allowed. Correction has been made in the open court. Notice of motion. Mr. B.S. Chahal, DAG, Punjab accepts notice on behalf of the respondent-State. Two sets of complete paper book be furnished to him during the course of the day. The petitioner has challenged the adverse remarks in his ACRs (Annexure P-1) and subsequent order passed by the appellante and revisional authorities (Annexures P-3 and P-5) respectively. He has also CWP No. 3170 of 2009 -2- challenged the order of punishment (Annexure P-6) and the appellate order (Annexure P-8). In so far the order of punishment of forfeiture of one increment is concerned the order has been passed on the basis of the enquiry report and after affording the adequate opportunity of being heard to the petitioner. Even he was allowed opportunity of personal hearing. The enquiry report is not under challenge. There is no valid ground to interfere with the order of punishment. The writ petition to the extent it assails the orders of punishment (Annexure P-6) and also the appellate order (Annexure P-8) is hereby dismissed. In so far the challenge to the adverse remarks is concerned, both the appellate and revisional authorities have rejected the representation of the petitioner against the adverse remarks without recording any reasons. These orders are not sustainable in law. I hereby quash the orders (Annexures P-3 & P-5) and remit the case back to the appellate authority for passing fresh orders on the appeal of the petitioner against the adverse remarks after affording opportunity of being heard to the petitioner. Let the fresh order be passed by the appellate authority within a period of three months from the date certified copy of this order is served upon the said authority. Disposed of as such. (PERMOD KOHLI) JUDGE 20.3.2009 lucky