S.C.Pahuja v. State Of Haryanaetc.
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH **** 317-1 Date of Decision: 03.09.2025
1. CWP-5974-2002 (O&M) S.C. PAHUJA
...Petitioner
Versus
STATE OF HARYANA AND ORS.
...Respondents
2. CWP-7136-2003 S.C. PAHUJA
...Petitioner
Versus
STATE OF HARYANA AND ORS.
...Respondents
CORAM:- HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present:- None for the petitioner Mr. Suneel Ranga, DAG Haryana *** JAGMOHAN BANSAL, J. (ORAL) 1.
By this common order both writ petitions are disposed of. 2.
In CWP-7136-2003, the petitioner is assailing order of compulsory retirement and in CWP-5974-2002 he is seeking direction to expunge adverse remarks in ACR for the period 1996-97 and further promotion as Sr. Scientific Officer (Biology). 3.
The petitioner was not promoted because of adverse remarks in the ACRs for the year 1996-97. While issuing notice of motion no interim was granted.
4.
The respondent by impugned notice/order retired the petitioner on attaining the age of 55 years. The said order was passed in exercise of power conferred by Rule 5.32 A(c) of Punjab Civil Services DEEPAK BISSYAN 2025.09.04 10:46 I attest to the accuracy and integrity of this document
CWP-2576-2023 -2Rules, Volume-II and Rule 3.26(d) of the Punjab Civil Services Rules, Volume-I, Part-I as applicable to State of Haryana. The impugned order was passed in 2003. Had the impugned orders not been passed, the petitioner would have worked for three more years. He was part of Haryana Police Force and his service was pensionable, thus, he must have received pension which is 50% of last drawn salary. He had not worked during said period.
5.
At this stage, it would not be appropriate to direct the respondent to expunge adverse remarks recorded in the ACR of 1996-97. Scope of interference in ACR matters is very limited. There is nothing on record disclosing that there was mala fide intention on the part of reporting officer.
6.
Dismissed with liberty to petitioner to move appropriate application within three months from today, if cause survives. 7.
Registry is directed to send copy of this order to the petitioner.
8.
Pending application(s), if any, stands disposed of. (JAGMOHAN BANSAL) JUDGE 03.09.2025 Deepak DPA Whether Speaking/reasoned Yes/No Whether Reportable Yes/No DEEPAK BISSYAN 2025.09.04 10:46 I attest to the accuracy and integrity of this document