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Service & Administrative LawSupreme Court of India

Aish Mohammad vs. State of Haryana & Ors.

Civil Appeal · 2023 INSC 578Decided 14 Jun 2023
Civil Appeal No. 4044 of 2023
Vikram Nath · Ahsanuddin Amanullah

Background

The appellant, a Head Constable in Haryana Police, was reverted to Constable after a departmental enquiry and later had adverse remarks recorded against him for certain periods. After a civil court partly set aside the punishment and adverse remarks were eventually expunged by the Inspector General of Police, the Director General of Police issued a show-cause notice alleging that the expunction had been wrongly granted and that it had let the appellant avoid compulsory retirement. The DGP ordered reconstruction of the ACRs, and the appellant was ultimately compulsorily retired. While a Single Judge of the Punjab and Haryana High Court had ruled in the appellant's favour, a Division Bench reversed that decision, leading to this appeal before the Supreme Court.

Decision Breakdown

The Supreme Court held that a civil court has no power under the Punjab Police Rules, 1934 to grant a police employee liberty to file a fresh (second) representation against adverse remarks once such remarks have already been considered: a 1971 government instruction expressly bars a repeat representation to the same authority, and the same authority does not have power to review its predecessor's order. Since the Inspector General's expunction of remarks was therefore made without jurisdiction, the Director General of Police was right to issue a show-cause notice and take corrective action, including compulsory retirement based on the restored adverse remarks. The Court agreed with the ultimate outcome reached by the High Court's Division Bench (dismissal of the appellant's claim), though for different reasons, and dismissed the appeal while leaving parties to bear their own costs.

Lesson Learnt

A government employee cannot use repeated representations to the same authority to get adverse service remarks erased; once a competent authority has ruled on such a representation, only a higher/superior authority, not the same one, can be approached again, and even courts cannot create such a review power where none exists in the service rules.

Aish Mohammad vs. State of Haryana & Ors. – Legal Case Shots | LegalAware