Jasbir Singh, J. - (1.) BY filing this writ petition, petitioner prays that the order dated 5.8.2006 (Annexure P -5) vide which he was reverted from the post of ASI to that of Head Constable be quashed. It is apparent from the record that for the period 16.5.1992 to 31.3.1993 following adverse remarks were entered in the annual confidential report of the petitioner: Integrity Doubtful Reliability Un -reliable General Given to conniving with anti Remarks socials for extorting money. Also used to harassing general public for the same end.
(2.) THE above said remarks were communicated to the petitioner and he availed all the remedies available to him under the rules, to get those remarks expunged but remained unsuccessful. Thereafter in the year 2000, he made second representation to the then Director General of Police, Haryana who without any jurisdiction accepted the same and ordered that adverse remarks be expunged. On that very day, petitioner was promoted to the post of ASI. When this fact came to the notice of the successor Officer, show -cause notice was issued to the petitioner to withdraw the order passed on 11.7.2000 on the ground that the same was passed without any jurisdiction. After getting reply from the petitioner, order expunging remarks was withdrawn vide order dated 28.4.2006.
(3.) PETITIONER came to this Court by filing C.W.P. No. 8356 of 2006 which was decided on 26.5.2006 by a Division Bench of this Court. Order dated 28.4.2006 was upheld by holding that the order dated 11.7.2000, expunging adverse remarks from the confidential report of the petitioner, was illegal and consequently that order was set aside. As a consequence of reconstruction of the adverse remarks, show cause notice was issued to the petitioner to revert him to the post of Head Constable. After getting his objection, which were found to be unsatisfactory, impugned order (Annexure P -5) was passed.;