D.V. Sehgal, J. - (1.) The petitioner-an Assistant Sub Inspector of Police Union Territory, Chandigarh-has filed the present writ petition with a prayer that a writ of Mandamus be issued to the respondents for expunging the adverse remarks recorded in his annual confidential report for the year 1972-73 and for including his name in 'E' Grade List and confirming him from the date his confirmation was otherwise due.
(2.) On 5.8.1975 he was communicated the adverse remarks recorded in his annual confidential reports for the years 1972-73 and 1973-74, Annexures P. 2 and P. 3 respectively. Their perusal show that the remarks for both the years are identical and were recorded by respondent No. 2 on 4.8.1975. The learned counsel for the petitioner has referred to rule 13.17 of the Punjab Police Rules, 1934 (hereinafter called 'the Rules'), applicable to the petitioner, which lays down - "13.17 Annual confidential reports : (1) Superintendents shall prepare and submit annually to the Deputy Inspector-General, after obtaining the District Magistrate's remarks thereon, reports in form 1317 on the working of all Upper Subordinates serving under them These reports shall be submitted to reach the Deputy Inspector-General on or before 15th of April. ..............................."
(3.) He contends that this rule has been observed in its breach. The annual confidential report for the year 1972-73 ought to have been recorded by 15.4.1973. Likewise, the said report for the year 1973-74 should have been recorded by 15.4.1974. The very fact that the reports for both these years had been recorded on the same date, i.e. 4.8.1975, and long after the stipulated time shows that it was not the actual work and conduct of the petitioner during the relevant period but some subsequent event which weighed in the mind of respondent No. 2 to record these adverse remarks He made a representation Annexure P. 5 against these adverse remarks In response thereto, however, vide order dated 1.3.1978 Annexure P. 6 the adverse remarks for the year 1973-74 were expunged but those for the year 1972-73 were allowed two stand.;