A S I Balbir Singh v. State Of Haryana And ORS

C. W. P. No. 18099 of 2015 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Case No. : C. W. P. No. 18099 of 2015 Date of Decision : August 31, 2015 ASI Balbir Singh ....

Petitioner Vs.

State of Haryana and others ....

Respondents CORAM : HON'BLE MR. JUSTICE DEEPAK SIBAL.

* * * To be referred to Reporters or not ?

Whether the judgment should be reported in the digest ? * * * Present :

Mr. Dalbir Singh, Advocate for the petitioner.

* * * DEEPAK SIBAL , J.

:

The petitioner, who was a member of the police force, vide impugned order dated 19.09.2014 (Annexure P-2), is sought to be compulsorily retired.

A perusal of the order impugned by the petitioner shows that during the last three years of his service, the following punishments have been meted out to him :- i) Stoppage of one annual increment with permanent effect vide order dated 13.09.2013 on account of willful absence. ii) Stoppage of three annual increments with permanent effect

C. W. P. No. 18099 of 2015 2 vide order dated 20.03.2014 on account of misbehaviour with a colleague of his.

iii) Stoppage of three annual increments with permanent effect imposed on him vide order dated 20.03.2014 for having made false complaints against senior officials.

A perusal of the service record of the petitioner beyond the last ten years is also not satisfactory on account of the following punishments awarded to him :- i) Stoppage of two annual increments with permanent effect imposed on the petitioner vide order dated 12.02.1997 on account of his refusal to accept orders and for willful absence from duty.

ii) Punishment of censure imposed on the petitioner in the year 1997 for willful absence.

iii) Award of punishment of censure in the year 1994 on account of the petitioner having failed the VIP security course. iv) Punishment of censure through order dated 04.01.1995 for willful absence.

v) Award of punishment of censure vide order dated 01.02.1995 on account of carrying out checking without any authorization. vi) Punishment of censure imposed on the petitioner through order dated 31.01.2006 on account of his misbehaviour with a senior citizen in Shatabdi Express.

C. W. P. No. 18099 of 2015 3 vii) Award of punishment of censure for not recording case diary in an FIR.

From the above, it is clear that several punishments have been meted out to the petitioner consistently throughout his service record, three of which were during the last ten years of his service. The Annual Confidential Reports (ACRs) of the petitioner for the years from 2009 to 2014 are reproduced below for ready reference :- Sr. No.

Period Remarks 1.

01.04.2009 to 28.08.2009 A man of quarreling nature. Takes no interest in Govt. work. Habitual to submit false complaints. He is deadwood and bad influence upon others does not do his own assigned duty and indulges in nefarious activities.

2.

31.08.2009 to 31.03.2010 and 01.04.2010 to 30.04.2010 He is deadwood and bad influence upon others does not do his own assigned duty and indulges in nefarious activities.

3.

01.05.2010 to 31.03.2011 Moral Character : Quarreling nature.

Personality & initiative : Habitual of Misbehaving Defect if any and whether the same have been brought to the notice of the concerned : On dated 29.09.2010 departmental enquiries was initiated for abusing and misbehaving with officials of IGP/R&C Panchkula.

General Remarks : Needs to improve behaviour.

Category of report : Average 4.

01.04.2011 to 06.06.2011 Less than 90 days.

Departmental enquiries pending for indiscipline, uncivilised language to Shri Raj Singh, Assistant.

07.06.2011 to 23.10.2011 5.

01.04.2012 to 31.03.2013 Defect if any and whether the same have been brought to the notice of the concerned : Three Departmental enquiries are pending against him.

C. W. P. No. 18099 of 2015 4 Sr. No.

Period Remarks 6.

07.05.2013 to 31.03.2014 Reputation for fair dealing with the public and accessibility to the public : Not Good.

Attitude towards subordinates and relations with fellow officers : Not Good.

Personality and initiative : Not Good.

Power to command : Not Good.

Interests in modern methods of investigation and in modern police methods generally : Not Maintained.

Preventive and detective ability : No ability.

Working and detective ability : Lack of experience.

Defect if any and whether the same have been brought to the notice of the concerned officer with any communication : Seven annual increments with permanent effect were stopped vide separate orders, for being found guilty in three different departmental enquiries.

General Remarks : Behaviour with officer and officials : Not Good.

Category of Report : Below average.

The above reproduced entries in the service record of the petitioner characterize him as a person of quarrelsome nature, who takes no interest in Government work, is habitual in submitting false complaints and is in the habit of abusing and misbehaving with fellow officials. The petitioner has further been found to be not good while dealing with the public.

Keeping in view the service record of the petitioner, especially for the last ten years of his service, wherein several punishments have been meted out to him and several of his ACRs being adverse, I find no reason to interfere with the order passed compulsorily retiring him from service.

C. W. P. No. 18099 of 2015 5 Resultantly, the present writ petition is ordered to be dismissed with no order as to costs.

( DEEPAK SIBAL ) JUDGE August 31, 2015 monika