Daljit Singh vs State of Punjab and Others

Kanwaljit Singh Ahluwalia, J.—The present writ petition has been filed with a prayer that the adverse remarks, recorded in the Annual Confidential Report of the petitioner, for the period from 1.4.1995 to 29.8.1995 as well as the communication dated 31.3.1997 (Annexure P13) conveying the same, be quashed as during this very period, he was granted President''s Police Medal for his distinguished services, on the occasion of Independence Day in 1995. The petitioner has also sought quashing of the order dated 27.11.2000 (Annexure P18), whereby the appeal, filed by the petitioner, challenging the order (Annexure P13), was dismissed.

Briefly stated, the facts of the present case are that the petitioner had joined the services of Punjab Police as a Constable on 1.9.1971. He was promoted as Head Constable in November 1977 and further as an Assistant Sub Inspector in November 1982. In December 1987, he was promoted as a Sub Inspector and ultimately, he was promoted to the post of Inspector on 22.2.1992. The petitioner was made Deputy Superintendent of Police in his own rank and pay w.e.f. 1.4.1994.

For consideration of this Court, it is the adverse remarks recorded against the petitioner for the period from 1.4.1995 to 29.8.1995. The remarks, so recorded, read as under:

1 Integrity Doubtful 12 Dependability, Unreliable. Tends to betray Reliabilityas trust reposed in him. to work 18 Defect, if any Working in the DIG/Admn IRB Office there were serious complaints against him of misappropriating money. 19 General An unreliable officer who has remarks betrayed the trust of officers by misusing his position and accepting illegal gratification

Grievance made by the petitioner is that in April 1995, the case of the petitioner was recommended by the Deputy Inspector General of Police (Administration) India Reserve Battalion, Patiala, for award of President''s Police Medal for distinguished services rendered by the petitioner. It is stated that this proposal was sent on 19.4.1995. Thereafter, the authorities did a thorough scrutiny and after appraisal, came to the conclusion that the petitioner was entitled to the grant of Police Medal for his meritorious services. It is submitted that for this very period i.e. from 1.4.1995 to 15.8.1995, the service record of the petitioner was also considered by the authorities on basis of which his name was recommended for the award of President''s Police Medal for his distinguished services. The recommendation for the award of President''s Police Medal and citation laid on 15.8.1995, read as under:

CITATION

RECOMMENDATION FOR THE AWARD OF POLICE MEDAL FOR MERITORIOUS SERVICE ON THE OCCASION OF INDEPENDENCE DAY 1995, TO SH. DALJIT SINGH, INSPECTOR No. PR/7 PRESENTLY POSTED IN IST INDIA RESERVE BATTALION, PATIALA.

Sh. Daljit Singh, Inspector of Police No. PR/7 was born in a respectable family in vill. Ladvanjara, P.S. Dirba, Distt. Sangrur on 25.1.1951. His father had also served honourably in the Police Department. He studied upto B.A. Part-I at Patiala and joined the Police Deptt. On 1.9.1971 as a Constable. It is because of his efficiency, hard work and personal uprightness of the highest order that he has risen to the rank of Inspector of Police at such a young age.

He had remained posted in almost all postings and is highly experienced. He has been reader with senior Supdt. of Police, Sangrur and Dy. Inspr. Genl. Of Police, Patiala Range. As S.H.O. In Police Station Bhawanigarh, Bhadaur and Longowal in Distt. Sangrur he enjoyed a high reputation as an effective officer who spared no law breaker but yet maintained good relations with the general public. While on deputation as I.O. in the Punjab Vigilance Bureau he investigated the sensitive corruption case pertaining to the Transport Deptt. Jallandhar in which two P.C.S. Officers were involved. He successfully challaned both the P.C.S. Officers despite all types of pressures on him. He also arrested an S.D.O. of the P.W.D. in a Vigilance trap case and 3 J.Es. of the P.S.E.B. Furthermore he completed enquiries against a Chief Engineer and an I.A.S. Officer holding both of them guilty. In appreciation of his outstanding work he was granted 3 commendation certificates Class-I by officers of the rank of Inspr. Genl. of Police, 20 commendation certificates Class-II by Dy. Inspr. Genl. of Police and 39 commendation certificates Class-III by Superintendents of Police with total cash amounting to Rs. 9940/-.

He successfully completed his graduation, while in service and then qualified in M.A. In Punjabi. He has rich and vast practical experience. He possesses an analytical mind and is receptive to new ideas and innovations. He is loyal, well behaved and resourceful and thus as asset to the organization.

Sh. Daljit Singh, Inspector, is at present posted in 1st India Reserve Battalion, Patiala and working as Staff Officer to the Dy. Inspr. Genl. Of Police/Admn., India Reserve Battalion, Patiala. Due to his high efficiency he has been promoted to the Dy. Supdt. of Police (in his own rank and pay w.e.f. 31.3.1994).

Keeping in view the praise worthy service of Sh. Daljit Singh to the Police Deptt. I recommend his name for the award of Police Medal for Meritorious Service on the occasion of Independence Day, 1995, which he richly deserves.

Sd/- Dy. Inspr. General of Police/Admn., India Reserve Battalions, Patiala.

This recommendation was sent by the Deputy Inspector General of Police (Administration), India Reserve Battalion, Patiala, on 19.4.1995. This citation and the forwarding letter dated 19.4.1995 formed part of the record which has been produced by the respondents today in the Court. It is ironical that on 19.4.1995, name of the petitioner was recommended for the award of President''s Police Medal for his distinguished services, which was to be awarded to him on 15.8.1995 and for the period from 1.4.1995 to 29.8.1995, adverse remarks, reproduced above, have been recorded against his conduct. In case, these remarks are allowed to remain in the service record of the petitioner, it would make the award of President''s Police Medial for his distinguished services a farce.

Ms. Sudeepti Sharma, Deputy Advocate General, Punjab, appearing for the respondents, has submitted that the remarks were recorded against the petitioner because he was named as an accused in case FIR No. 66 dated 11.4.1996, registered at Police Station Civil Lines, Patiala, u/s 409, 420, 468, 471 and 34 IPC. However, she has very candidly admitted that in this FIR, the petitioner was acquitted and while recommending the name of the petitioner for the award of President''s Police Medal for his distinguished services, registration of the FIR was not taken into consideration by the authorities. Furthermore, it is submitted that on 29.2.1996, a communication was sent that the President''s Police Medal, awarded to the petitioner for his distinguished services, be forfeited. But till today, on this proposal, no action has been taken. Even a period of more than 14 years is going to elapse. Learned Counsel for the respondents, despite having made valiant efforts, has not been able to justify as to how, for the same period, the petitioner was commended for his distinguished services and has been adversely commented upon by his superiors. Therefore, the argument, advanced by learned Counsel for the petitioner that the adverse remarks were recorded by the officers, due to inimical relations, is also not required to be gone into, as the conduct of the petitioner was appraised by his senior officers which included Deputy Inspector General of Police, Inspector General of Police and Director General of Police and his services were held to be meritorious/distinguished for the award of President''s Police Medal.

Thus, the present writ petition is accepted and the adverse remarks, recorded in the Annual Confidential Report of the petitioner, for the period from 1.4.1995 to 29.8.1995, are quashed. However, there is no order as to costs.