The Punjab and Haryana High Court has set aside two reversion orders passed against a police official (“Petitioner”), nearly a decade after his promotion to Head Constable. Justice Jagmohan Bansal ruled that the two orders from September 2007 were unsustainable.
The petitioner had challenged the reversion from Head Constable to Constable on the basis of adverse Annual Confidential Reports (ACRs) for 1993-94 and 1998-99, which recorded “doubtful integrity” as a reason. The Court noted that Petitioner was promoted on an ad hoc basis in 1991 and confirmed in 1995, with no adverse remarks existing at the time of his promotion.
Earlier, Petitioner had faced departmental proceedings that led to his reversion in 1999, which was later modified to a halt in two increments. Even though the said penalty was quashed by the civil court, the police authorities initiated fresh proceedings in 2007, resulting again in his reversion. This Court, in a previous hearing, said that simply because orders issued earlier on the same cause of action were set aside on different grounds, would not debar a competent authority to issue fresh orders by following due process of law.
As petitioner had retired in 2019, the Court set aside first order of reversion. Further, the Court observed that the second reversion was issued without plausible explanation for the delay and there was no ACR at the time of ad hoc promotion made in 1991. It was also notedt that he was reverted on account of adverse ACRs of later period.
Allowing the writ petition under Articles 226 and 227 of the Constitution, the High Court restored the Petitioner’s rank and directed all consequential benefits, emphasising that stale adverse entries could not be used to unsettle promotions after decades.
Appearances
Petitioners- Mr. Suvir Sidhu, Advocate, Mr. G.S. Dhillon
Respondents- Mr. Ravi Pratap Singh, Deputy Advocate General, Haryana
