NDLI: Aish Mohammad Vs. State of Haryana and Ors

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Service Law: Punjab Police Rules 1934
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Service Law: Punjab Police Rules, 1934 – rr.8.18 and 16.28– Power to review proceedings – Compulsorily retirement –Adverseremarks entered into appellant’s Annual Credential Report-ACR,due to which Departmental Enquiry held and the appellant revertedfrom the post of Head Constable to the post of Constable – Reversionorder modified to stoppage of one increment – Adverse remarksentered into ACR, expunged by the Inspector General of Police fora partial period – In a suit, the civil judge interfered with the stoppageof one increment, but not with the ACR – Appellant again filed arepresentation before the Inspector General of Police, for expunctionof adverse remarks, and the adverse remarks were expunged –However, the Director General of Police issued a Show-Cause Noticeto the appellant that the adverse remarks were wrongly expunged,which made the appellant escape compulsory retirement – Thereafter,the appellant was retired – Thereafter, in a petition, the Single Judgeof the High Court held that the Director General of Police couldnot have passed the said order, as it amounted to a review of anorder passed by his predecessor-in-office – Division Bench set asidethe order holding that the order passed by the DGP to compulsorilyretire the appellant as correct – On appeal, held: ‘Review’contemplated in r. 16.28 is by a superior authority and not the sameauthority – Review is a re-look at an order passed by the sameauthority which passed the original order, be it a Court oranexecutive officer – Heading to the rule is a misnomer inasmuch asno power of ‘review’ is created or conferred, as manifest from areading of (1), (2) and (3) of r. 16.28 – Director General of Policerightly show-caused the appellant and took subsequent actionthereupon – Considering the chain of events, the consequentialaction, cannot be said to be arbitrary or shocking the conscienceof the Court, so as to warrant interference – For a person inuniformed service, like the police, adverse entry relating to his/her integrity and conduct is to be adjudged by the superior authority(ies)who record and approve such entry – Personnel having suchremarks being compulsorily retired as per the statutory provisionsunder the 1934 Rules, is not an action this Court would like tointerdict – Thus, no inclination to interfere with the order impugned– Punjab Civil Services Rules, 1934 – r. 3.26(d).Punjab Police Rules, 1934: Hierarchy of police force –Rules, originally framed in 1934, contemplated the authorities asInspector-General, Deputy Inspector-General, and Superintendentof Police – Inspector-General of that time headed the State Police –However, today the Inspector-General of Police is administrativelysubordinate to the Director-General of Police and the AdditionalDirector-General of Police – Thus, the Rules, have not kept pacewith the times – It cannot be appreciated why the authoritiesconcerned unable to update/amend the Rules with at least the correctofficial description of posts to obviate confusion.
Judge	Hon'ble Mr. Justice Ahsanuddin Amanullah
Neutral Citation	2023 INSC 578
Petitioner	Aish Mohammad
Respondent	State Of Haryana And Ors
SCR	[2023] 7 S.C.R. 403
Judgement Date	2023-06-14
Case Number	4044

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