High Court of Punjab and HaryanaCWP/18813/2017disposed of

Raj Kumar v. State Of Haryana And Others

2017-08-23Mr. Justice Arun Palli2 pages

CWP-18838-2017

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-18838-2017 Date of Decision :23.08.2017 RAJ KUMAR .....Petitioner

Versus

STATE OF HARYANA & OTHERS .....Respondents CORAM : HON'BLE MR. JUSTICE AMOL RATTAN SINGH

Present:

Mr. C.M.Munjal,Advocate for the petitioner.

*** AMOL RATTAN SINGH, J. (ORAL) Learned counsel for the petitioner submits that respondent no.1 having accepted the representation of the petitioner against the adverse remarks recorded in his ACRs for the period 2005-06 and 2006-07, has however not decided the representation (Annexure P-6), against stoppage of two annual increments with cumulative effect, as awarded by the Director General of Police, Haryana, upon a revision filed by the petitioner against the orders of the punishing and the appellate authority.

Though in the prima facie opinion of this Court, such representation is not maintainable in terms of the Punjab Police Rules 1934 (as applicable to the State of Haryana), however, learned counsel for the petitioner refers to Rule 14 of the Haryana Civil Services (Punishment and Appeal Rules), 2016, by which, it is contended, that Government may call for and examine the records of any case in which a subordinate authority has passed any order under Rule 9 of the said Rules. Without going into the maintainability of such a representation at this stage, this petition is disposed Sunil Devi 2017.08.

CWP-18838-2017 of with a direction to respondent no.1 to take a decision on the aforesaid representation, also looking into the issue as to whether such a representation is maintainable in the first place or not.

The decision by respondent no.1 should be taken within a period of three months from the date of receipt of a certified copy of this order. (AMOL RATTAN SINGH) JUDGE August 23, 2017 Sunil Devi

1. Whether speaking/reasoned :

Yes/No

2. Whether reportable :

Yes/No Sunil Devi 2017.08.28 15:40 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh