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Supreme Court of India 2023-06-14 dismissed

AISH MOHAMMAD vs STATE OF HARYANA & ORS

Bench: 2 — Vikram Nath, Ahsanuddin Amanullah

In Brief

A police constable promoted to Head Constable received adverse remarks in his Annual Confidential Report following departmental proceedings. After years of representations, a subordinate officer (Inspector General) expunged these remarks. The Director General of Police then issued a show-cause notice challenging the expunction and reconstructed the adverse remarks, leading to the officer's compulsory retirement at age 55. The Supreme Court held that the Director General, as the apex police authority, had the power to examine and reconstruct adverse remarks improperly expunged by a subordinate. The Court dismissed the appeal, finding the chain of events and consequential retirement not arbitrary or conscience-shocking, particularly regarding adverse entries relating to integrity in uniformed service.

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Police Service Administrative Law Service Jurisprudence Annual Confidential Reports Adverse Entries Expunction of Remarks Compulsory Retirement Public Interest Rule of Law Natural Justice Statutory Interpretation Constitutional Rights

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