6

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH
S1 cwp No of

RandeepKumar
g3Q
Petitioner 201
Versus

State of Punjaband others Respondents

INDEX

S Particulars Dated Pages Court

No fees
1 List of dates and events 04122018 0105
2 Civil Writ Petition 04122018 06 16 5000
3 Afdavit 04122018 1717
4 Annexures
P1 Order 20042012 1825 500
P2 Comments 09012013 2629 300
P3 Order 20032013 3035 400
P4 lmpugnedACR 21072012 3639 300
P5Irnpugned Order 20042012 4043 200
P6 ImpugnedOrder 11092013 4446 200
P 7 colly Revision Petition 81 4754 600
Continuation of revision petition
P8 ImpugnedOrder 04032015 5556 200
P9 ImpugnedOrder 15052017 5758E 200
6 Power of attorney 04122018 5959 300
Vernaculars
P2 Comments 09012013 6061
P3 Order 20032013 6262
P4 ImpugnedACR 21072012 6364
P5Impugned Order 20042012 6566
P6 ImpugnedOrder 11092013 6768
Total court fee Rs 82

NOTES

i The main law points canvassed in para no 16 at Page

No 14 of the writ petition
ii Relevant Rules and Statutes Constitution of India
Punjab Police Rule and Punjab Civil Service Rule
iii Similar case NIL

iv Caveat if any NIL

V

Roccsc oopy
0
26 I
iw

YADVINDER SINGH
2019.03.08 14:31
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2492005 Advocates
phhc, chandigarh
Counsel for the petitioner
 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH

cw1No
SI Randeep
Kumar
W
Petitioner

Versus

State of Punjaband others Respondents

Total court fee Rs 82

Special
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sumpveind
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Cemed that thisstampaper
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 03022011

100520 1 1 was
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LIST OF with
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dt
471
of
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and
directed
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asthe
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ttached
rders afor
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law
and
with
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into
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to
Mohali
nd
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Jait and
the13
petitioner
placed
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petition
petitioner
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FIR by
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make
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and he was sent back to his parent
YADVINDER SINGH
2019.03.08 14:31
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 6 13062011

27032012

20042012

09012013

20032013

21072012 AOnhotchpotch
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2019.03.08 14:31
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adverse
ofof
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biasto
the
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remarks ACR petitioner filed an

appealto the DIG Apart this he put

up his defence during personal

hearing It was
pleadedby him before
the AppellateAuthority that he has

putup more than 18 years blotless

service The allegationacceptingRs

20000 by the petitionerfrom the

accused was not arnplyproved as the

YADVINDER SINGH
2019.03.08 14:31
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 11092013

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appeal
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sent
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concerned
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5 Appellate
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ordered
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earing
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another
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urther
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and
the
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revision petitionvide impugnedorder
Annex P8 being non maintainable
without going over the merits of the

case which is totally illegal wrong

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2019.03.08 14:31 crypticand unconstitutional Not only
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 15052017

Chandigarh
Dated 04 122018 Thereafter
Hence
hearing
representation
aggrieved
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asnowas
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this 5P24905
avail the Advocates
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nonspeaking
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order 85
opportunity
against
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to
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of Punjab
isabovenoted
DGP P9 by
no
bevidea

CounselW for the petitioner

YADVINDER SINGH
2019.03.08 14:31
True scanned copy of original
phhc, chandigarh
 6

IN THE HONBLE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

cwp No
90 201
MEMO OF PARTIES

RandeepKumar SubInspectorNo 118PAP 15 IRB aged 46

years son
old of Sh Hans Raj resident of House No 3904
WellingtonHeights TDI City New Airport Road SAS Nagar
Punjab

Petitioner

Versus

1 State of Punjabthroughits SecretaryDepartmentof Home

Affair 85 Justice Punjab Civil Secretariat Sector1
Chandigarh
2 The Director General of Police Punjab Police Headquarters
Sector9 Chandigarh
3 The Addl Director General of Police Armed Battalion PAP

ComplexJalandhar Cantt Jalandhar

4 The Inspector General of Police Indian Reserve Battalion

Punjab Patiala Punjab

5 The Deputy Inspector General of Police Indian Reserve

Battalion Punjab Patiala Punjab

6 The Commandant 15 Indian Reserve Battalion Patiala

Respondents

Chandigarh 85 AS Sidhu
Dated 04122018 P24905 Advocates

Counsel for the petitioner

YADVINDER SINGH
2019.03.08 14:31
True scanned copy of original
phhc, chandigarh
 7

Civil Writ Petition under Article 226227 of the

Constitution of India for issuance of a Writ of
Certiorari quashingthe impugnedadverse ACR

for the period 25062011 to 31032012

Annex P4 being illegal against law and

recorded with malafide intention order dt
20042013 Annex P5 passedby respondent
No5 11092013 Annex P6
passed by No4 order dt
04032015 passedAnnex P8 by respondent
No3 and order dt 15052017 Annex P9
passedorder
by respondent
respondent
dt No2 therebyrejecting
the appeal revision and representationof the
without

Punjab Police

involation
petitioner of Articles
against 16
recording
14 Rule 85 21 reason
any
1317 of and
the
Constitution of India

AND

Further issuance of a writ in the nature of

Mandamus directing the respondents to

promote the petitioneras Inspectoralongwith

all consequential benefits etc

AND OR

For issuance of any other writ order or direction

which this Honble Court may deem t and proper

in the peculiarfacts and circumstances of the

present case
RESPECTFULLY SHOWETH

1 That the petitioneris citizen of India and permanent resident

of above captionedaddress As such he is entitled to invoke

the jurisdictionof
extraordinary this Honble Court by way of

filinga writ petitionunder Article 226 227 of the Constitution

YADVINDER SINGH
2019.03.08 14:31
of India
True scanned copy of original
phhc, chandigarh
 8

That the petitioner after completing his academic

qualication joined the Punjab Police Department as

Constable He was further promotedas Head Constable and

then Asstt SubInspectorDue to excellence and outstanding

service record the petitioner
selected for UpperSchool Course
and thereafter promotedas SubInspectorThe petitionerhas
been performinghis duty with due diligence honestyand
sincerityand the entire satisfaction of his seniors Number of

commendation certicates awarded to him in recognitionof

his duty
That in the month of February2011 when the petitioner
was
temporarilyattached with State Crime Branch SAS
Nagarand was workingas SubInspectora case FIR No 01
dt 03022011 uss 420 467 468 471 IPC read with
Section 13 i d 2 of PC Act was registered
with PS State

Crime Punjab Mohali againsttwo persons namelyYogesh

Dutta and Vipiri Saini
That Sh JagjitSingh who was workingas DSP directed the

petitionerto make an enquiryinvestigation

into the matter

At the time of arrest an amount of Rs 20000 was

recovered from both of the accused persons by DSP Jagjit

Singhwhich was handed over to Head Constable Harbans

Singhto hand over it to the relatives of these two accused

persons Lateron the above mentioned accused made a

complaintto the then DSP Jait Singh that the petitioner

demanded Rs 20000 from them Because of longpolice
remand the accused made a complaintto the then DSP

concerned On this the DSP concerned called the petitioner

to his office and reprimandedhim in front of the other

subordinate staff and finally the petitioner was lodged

behind bars without his fault or error and without following
any procedure settled by law in this behalf However with
the intervention of the brother of petitionerhe was released

YADVINDER SINGH from the lockup and the petitionerproceededon casual

2019.03.08 14:31
True scanned copy of original
phhc, chandigarh
leave
 9

That thereafter on the next day an intimation was sent by

said DSP Jagjit Singh to the Commandant IRB Patiala

respondentNo6 throughADGP Crime Vigilance At this

the petitionerwas placed under suspendedvide order dt

10052011 and he was sent back to his parent department

and a
chargesheetwas issued
That on the basis of these allegationsa department
enquiry
was
by appointing Sh Pararnjit Singh PPS
initiated
Superintendentof PoliceAsstt Commandant ls IRB
Patiala vide order dt 13062011 However on account of
his transfer and as the enquirywas at the preliminarystage
Sh Lakhwant Singh PPS Dy Supdt of Police Adjutant15
IRB Patiala was
appointed as Enquiry Officer who
subrrritted his report proving the charges against the
petitioner
That thereafter a Show Cause Notice dt 27032012 was

issued to the petitionerand after completingthe other

formalities in hotchpotchmanner the respondentNo6
passed an order dt 20042012 with a
punishmentof
stoppageof three annual gradeincrement with cumulative
effect and also consideringthe suspensionperiod from
10052011 to 27052011 is to be treated as remain under

suspension A copy of the said order as Annexure P1

That aggrievedby the order passed by respondentNo6
petitionerfiled an appeal to DIG Admn IRBns Patiala

respondentNo5 who after givingnotice to respondentNo

6 and havinghis comments dt 09012013 which is

appendedas Annexure P2 acceptedthe appeal of the

petitionerafter consideringthe entire records and setaside

the aforesaid order of punishment dt 20042012 passed by
respondentNo6 and also considering
the suspensionperiod
wef 10052011 to 25072011 as periodspent on ltlutyA
copy of order dt 20032013 is appendedas Annexure P3
YADVINDER SINGH That on the other hand Sh Lakhwant Singh PPS Dy
2019.03.08 14:31
True scanned copy of original
phhc, chandigarh
Supdt of PoliceAdjutant lst IRB Patiala who was the
 10

11 That
Apart
petitioner
personal
Enquiry
appended
petitioner
hearing
Authority
were
to same appeal
No1436Hoshiarpur
petitioner
amount
vindictiveness
may
dt
malade
and
Constitution
communicated
mentioned
decided
service
said
of
conclusion
the
ofce
the
the
20042013
ACR
file
further
this appeal
thereafter
aggrieved
fintention
hearing
on
accused
The
record writing
was
handed
It
The
the
of
Ofcer
ofcer
that
from
filed
or was
herewith
the
that
the
here
of
the
wdt the
an
to
violation
vide
and
after
is
hich
he
before
India
he personal
appeal
departmental
petitioner
pleaded
b
petitioner
yperiod
appended
already
over
recorded
of
in
thatas
two
biasmind
the
has
the
order
the
due petitioner
allegationaccepting
petitioner
clearly
against
accused
the
A
who
28042012the accepted
petitioner
by
procedure
AppellateAuthority
enquiries
aforesaid
Annual
from
copy
of
Annexure
pdt
the
IGP
the e
admittedly
so
toas
tono
was
lateron
10
putup smell
ut nquiry
petitioner
A
Article
search
up
25062011
20042013
the
of
adverse
fthe Punjab
morewas
on
out
not
return
Annexure
iled
whereas
the
action
adverse
Condential
his
copy
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But
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DIGP4
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the
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Rs
14the
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remarks
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ordered
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can to
remarks
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P5
back
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and
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Harbans
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21072012 be came
to
to
31032012
20000 21
isproved
8Report
years
the
in
taken
the Apersonal
pendingenquiry
during
impugned
pertinent
against
intention
petitioner
Appellate
Rule consign
by
by
remarks
the
be
IRBbeforeSingh
course
as
to
which
ACR CR was
blotless
Patiala
relative
ACR
of
Ofcer
of
which
1317
orderto
with
this
the
in
of
is
YADVINDER SINGH
2019.03.08 14:31
IGP IRB Pb Patiala which was rejectedvide impugned
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phhc, chandigarh
order dt 1 1092013 without assigning any reason and
 12

13

14

15 That
writing
illegal
impugned
rejected
nonspeaking
totally
petitioner
appended
opportunity
case
impugned
being
Jalandhar
vide
without
copy
herewith
before
Petition
15052017
the
of going
as
Awrong
to decisions
las
as
thereafter
overlooked
the
the
vide
the
copy
ed
the
Canttappended
reporting
over
revisional
Annexure
is Apart
opetitioner
fimpugned
cryptic
personal
Annexure
Annexure
DGP Punjabaggrieved
dissatisedauthorityrejecting
petitioner
Revisional
order
Revision
order
ofthe
the
the
the
of
dtfimpugned
but
andh
AP8as
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urther
P7
P6
Petition
adverse
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04032015
copy
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unconstitutional
with
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Annexure
11
this collybe
dt
of against
Copies
being
someimpugned
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continuation
of
before
and
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the
remarks
the
the
order
15052017 tonon
as
concerned
P9 aNot
aforesaid
avail
the
the
04032015dt
in of representation
important
byorders
only
petitioner
revision
ADGPwhich
the
ofthe
the appended
11092013
the
the
said petition
totally
impugned
passing
same
same
maintainable
is
record
abovenoted
order was
are
no
isRevision
PAP facts
of
this
Bnsthe
dtA
ina
is
Annual Condential Report Annex P4 order dt

20042013 Annex P5 order dt 11092013 Annex P6

order dt 04052015 Annex P8 order dt 15052017

Annex P9 are assailed beingillegal wrong and againstthe

principleson natural justiceand are liable to be setaside on

the followinggrounds
i Because in the present case Enquiry Oicer and

ReportingOfficer is the same person who with bias

aptitudewrite the impugnedACRs for the periodfrom

25062011 to 31032012 at the relevant time the

YADVINDER SINGH
2019.03.08 14:31
departmentalenquirywas pending and it was only
True scanned copy of original
phhc, chandigarh
decided on dt 28042012 Merelyissuance of charge
 12

sheet does not make the work of the petitioneras an

average and as
integrity doubtful and furthennoreno
contemporaneousrecord of assessment of performance
and without beingany material furnishingveriable
facts adverse remarks cannot be sustained as per

judgmentreportedin 1978 2 SLR Page 682 Apart

this duringthe currency of the periodunder reportthe
petitionerhas not been communicated any defect which
has been made basis of average adverse remarks and

remarks in column No01 12 85 18 are liable to be

struck down as per the law laid down by the Honble

ApexCourt reported
in 1997 3 RSJ Page 33

Because before stating

in the ACR Integrity doubtd

no was
instance referred neither any memo has been
mentioned therefore those
sustained as per the law laid by this Honble Court in

Daya Nand Dalals case decided 30111994 wherein it

is held that if bias is provedagainstReportingOfcer
then ACR written by the Reporting
remarks
Ofcer cannot
has to be

quashed Here in this case as per the comments

Annex P2 sent by the Commandant to the Appellate

Authoritywherebyit was apprisedthat the allegationof
acceptingRs 20000 by the petitionerfrom the

accused was not proved as the said amount was of

personalsearch of accused Vipirr Saini and Yogesh

Dutta which were handed over to HC Harbans Singh
No 1436Hoshiarpurand then he were lateon return
back the same to the relative of the said accused after

followupthe due procedure

Because it is settled law that a delinquentcannot be

treated as an accused until and unless he is held guilty
by a Competent
Court of Law So the ReportingOfficer
committed while recordingadverse
illegality remarks in

YADVINDER SINGH the ACR of me petitionerthus the same is liable to be

2019.03.08 14:31
True scanned copy of original
phhc, chandigarh
corrected
 iv Because it has been 13
held by this Honble Court that the

Reporting Officer should take utmost care while

reportingthe ACR of an
employeewhich deals with the
future of an employee
for a
longspan In the present

case the reportingoicer has made adverse remarks in

the ACR of the petitioner
without any basis

Because while rejecting

the statuary appeal revision 85

representation the Appellateas well as Revisional

Authorityfailed to appreciate
the true facts of the case

that on the basis of enquiryreport dt 28042012 three

years service of the petitioner was forfeited on

permanent basis by the Commandant 15 IRB Patiala

vide order dt 20042012 Aggrieved
by the said order
dt 20042012 the petitionerfiled an appeal before the
DIG AppellateAuthoritywhich was accepted
vide order
it 20032013 Annex P3 However the same very

AppellateAuthority
rejectedthe appealof the petitioner
againstthe adverse remarks onlyon the groundthat he

Appellate Authority
ReportingOfficer and the petitionermay file before the
IGP But the IGPRevisional Authority failed to

in
appreciate his order dt 11092013 Annex P6 the
order passedby DIG IRB Patiala quashedthe order dt

20032013 awarding the punishment of 3 years

forfeiture of service beingAppellate
has already
Authority
agreeing with
Further
the Revisional AuthorityrespondentNo4 illegallyand
wronglyheld in its order that he has examined the

parawisecomments sent by Commandant lst IRB

Patiala and record whereas the comments sent by
Commandant 151IRB Patiala totallyexonerating
the

petitionerfrom the allegedallegationTherefore the

impugnedACR as well as the impugnedorders are

liable to be quashed
YADVINDER SINGH
2019.03.08 14:31
Because actuallythe impugned
ACR has been written
True scanned copy of original
phhc, chandigarh
without any record with malade to jeopardizeservice
 16

17 That
vii the
iiThat
v
vi
vii
iii
iv representation
ground
Because
ipetition
as
are
AppealInspector
justice
hearing
totallyignored
petitioner
following
career
Whether
raised
without
unheard
of
the
Whether
orders
service
the
law
of
services
for the
prior
by
career
Articles
mind
adverse
vague
The
kind
in
of
and
of
Revision
The
the
the or
arnountto16
rejecting
physicallyfinancially
legally
illegality long
instant
orders
action
oes
sustainable
14 and
of
not85
petitioner
impugned
petitioner
impugned
consideration
the
the
the
As
also
remarks
d
law
the in
such not
to
the
8 21
respondents
petitioner
perversity
affordingrecording
petitioner
points
impugned
impugned
spanpassedby
aspetitioner
an
overlooked
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in tof
hough
are
violation
of
writ
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have
14 the
per
and
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this
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the
the
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any
would
Representationsettled
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mentally
are
to
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has principles
assigning
impugned
no
Honb1e
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of
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while
other
is
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for
and
than
appeal
petition law
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remedyof appealor revision is competent
 VI 15
18 That no such or similar petitionhas earlier been filed by the
petitionerseither in this Honble Court or Honb1e Supreme
Court of India

It is therefore respectfullyprayedthat the following

reliefs may be granted

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 58

OFFICE OF DEPUTY INSPECTOR GENERAL OF POLICE

ADMINISTRATION INDIA RESERVE BATTALIONS
PUNJAB PATIALA

No Administration Dated 250517

1157 PA

It is mentioned to Commandant First India

Reserve Battalion Patiala by sending copy of

back side page that after informing concerned

employee in writing regarding aforesaid as well

as
after sending its acknowledgment receipt
directly to the office of Additional Director

General of Police Armed Battalions Jalandhar

Cantt this office and concerned officers may

kindly be informed

Sd
Superintendent
For Deputy Director General of Police
Administration
India Reserve Battalions
Punjab Patiala

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