Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | All India Services (Confidential Rolls) Rules 1970 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Business of Haryana Government (allocation) Rules, 1974 (0 of 1974) All India Services (confidential Rolls) Rules 1970 (0 of 1970) Police Act, 1861 (5 of 1861) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | All India Services (Confidential Rolls) Rules 1970-Rules 1(3), 2(a), (e), (f), 5, 6, 6A and 7-Inspector General of Police-Confidential Reports-Reporting and Reviewing Authority-Minister-in-Charge of Police Department and not Home Secretary-Chief Minister Communication of adverse remarks within seven months. Police Act, 1861-Sections 3 and 4-Punjab Police Rules, 1934 - Rule 1.2-Inspector General of Police-Head of Police Department- Immediate superior to Inspector General of Police-Minister-in-Charge of Police Department.Business of Haryana Government (Allocation) Rules, 1974 - Rules 1-4, 6B-Home Secretary not head of Police Department Minister-in-Charge of Police Department Head of Department Confidential Report of Inspector General of Police-Chief Minister reviewing authority and accepting authority-Whether Business Rules can override the provisions of Police Act, 1861 or any other statutory rules. Civil Service-Confidential Reports - 'reporting' and 'reviewing' authority-Who is-Inspector General of Police-Minister-in-Charge of Police Department-Chief Minister-'Reporting', 'reviewing' and 'accepting' authority-Adverse remarks-Object-to serve as advice for improvement and not as punishment-Lost by inordinate delay In communication-Necessity for communication-At the earliest. The respondent, a member of the Indian Police Service was the Inspector General of Police, Haryana from June 30, 1979 to July 25, 1980. The Home Secretary to the Government of Haryana made certain adverse remarks against the respondent which after acceptance were communicated to the respondent on May 4, 1982, about two years and three months after the close of the relevant period on March 31, 1980. The respondent filed a writ petition challenging the authority of the Home Secretary to write a confidential report assessing the performance, character, conduct and qualities of the respondent as Inspector General of Police and for the quashing of such report or adverse remarks, which was dismissed by a Single Judge of the High Court. The respondent filed an appeal and the Division Bench set aside the judgment of the Single Judge and allowed the writ petition holding that the Horne Secretary had no authority to submit any report against the performance of the respondent for the aforesaid period during which he was the Inspector General of Police, Haryana. In the appeal by special leave by the State of Haryana it was submitted that as the Police Department has been placed under the Home Department and the Home Secretary being the head of the Department, the Home Secretary must necessarily be the Head of the Police Department under the Business of the Haryana Government (Allocation) Rules, 1974. It was also stated that the provisions of Rules 5, 6, 6A and 7 of the All India Services (Confidential Rolls) Rules 1970 are directory and not mandatory. It was urged by the respondent that the Business Rules framed under Article 166 cannot be relied upon for the purpose of interpreting the provisions of clause (e) of Rule 2 of the Rules, and in view of the delay in communication, the adverse remarks lost all importance and should be struck down on that ground. |
Judge | Hon'ble Mr. Justice M.M. Dutt |
Neutral Citation | 1987 INSC 114 |
Petitioner | State Of Haryana |
Respondent | Shri P.c. Wadhwa, Ips Inspector General Of Police & Anr. |
SCR | [1987] 2 S.C.R. 1030 |
Judgement Date | 1987-04-16 |
Case Number | 4395 |
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