Summary
The respondent, a member of the Indian Police Service was the Inspector General of Police, Haryana from June 30, 1979 to July 25, 1980. The Home Secretary to the Government of Haryana made certain adverse remarks against the respondent which after acceptance were communicated to the respondent on May 4, 1982, about two years and three months after the close of the relevant period on March 31, 1980.
The respondent filed a writ petition challenging the authority of the Home Secre- tary to write a confidential report assessing the per- 1031formance, character, conduct and qualities of the respondent as Inspector General of Police and for the quashing of such report or adverse remarks, which was dismissed by a Single Judge of the High Court. The respondent filed an appeal and the Division Bench set aside the judgment of the Single Judge and allowed the writ petition holding that the Home Secretary had no authority to submit any report against the performance of the respondent for the aforesaid period during which he was the Inspector General of Police, Haryana.In the appeal by special leave by the State of Haryana it was submitted that as the Police Department has been placed under the Home Department and the Home Secretary being the head of the Department, the Home Secretary must necessarily be the Head of the Police Department under the Business of the Haryana Government (Allocation) Rules, 1974. It was also stated that the provisions of Rules 5, 6, 6A and 7 of the All India Services (Confiden- tial Rolls) Rules 1970 are directory and not mandatory.It was urged by the respondent that the Business Rules framed under Article 166 cannot be relied upon for the purpose of interpreting the provisions of clause (e) of Rule 2 of the Rules, and in view of the delay in communica- tion, the adverse remarks lost all importance and should be struck down on that ground.Dismissing the appeal,HELD: 1. A reporting authority must be a person to whom the member of the Service is answerable for his performances. Such an authority must be one superior in rank to the member of the Service concerned. The State Government can specifically empower only such authority as the reporting authority as is superior in rank to the Inspector General of Police. [1036H; 1037A-B]2.1 The Business Rules have been framed under clauses (2) and (3) of Article 166 of the Constitution for the more convenient transaction of the business of the Government of Haryana and for the allocation of business among the Ministers. [1038E-F]2.2 Under Rule 4 of the Business Rules, the Secretary of each Department of the Secre- tariat is the head of the Department. Thus, the Secretary of the Home Department is the head of the Home Department being a Department of the Secretariat, but merely because he has to conduct the business. on behalf of the Government, of the Police 1032Department, he does not thereby become the Head of the Police Department. [1038F-G]2.3 The Rules of Business that have been framed under Article 166 cannot override the provisions of the Act, or any statutory rules.3. In view of Section 3 and 4 of the Police Act read with Rule 1.2 to the Punjab Police Rules, the Inspector General of Police, Haryana is the Head of the Police Department.The immediate authority superior to Inspector General of Police is the Minister-in-Charge of the Police Department. The only authority who could be specifically empowered as the report- ing authority in regard to the Inspector General of Police under clause (e) of Rule 2 of the All India Services (Confidential Rolls) Rules is the Minister-in-Charge and the Chief Minister being superior to the Minister-in- Charge may be the reviewing authority under clause (f) of Rule 2. [1039D-E]4.1 Rules 5, 6, 6A and 7 of the All India Services (Confidential Rolls) Rules require that the whole process from the writing of the confidential reports assessing the perform- ance, character conduct and qualities of every member of the service, to the communication of the adverse remarks should be completed within a period of seven months. In the instant case, the adverse remarks were communicated after 27 months. [1040F-G]4.2 The whole subject of the making and communication of adverse remarks is to give to the officer concerned an opportunity to im- prove his performance, conduct or character, as the case may be, and this object would be lost if they are communicated to the officer concerned after an inordinate delay. Adverse remarks should not be understood in terms of punishment, but really should be taken as an advice to the officer concerned, so that he can act in accordance with the advice and improve his service career. [1041A-B]4.3 Rules 5, 6, 6A and 7 are directory and not mandatory, but that does not mean that the directory provisions need not be complied with even substantially. But, where compliance after an inordinate delay would be against the spirit and object of the directory provision, such compliance would not be substantial compliance. [1041C-D]4.4 While the provisions of Rules 5, 6, 6A and 7 require that everything including the communication of the adverse remarks should be completed within a period of seven months, this period cannot be 1033stretched to twenty seven months, simply because these rules are directory, without serving any purpose consistent with the spirit and objective of these Rules. [1041D-E]See the full content of this document
Extract
State Of Haryana VS. Shri P.C. Wadhwa, Ips Inspector General Ofpolice & Anr.
PETITIONER: STATE OF HARYANA Vs.RESPONDENT: SHRI P.C. WADHWA, IPS INSPECTOR GENERAL OFPOLICE & ANR.DATE OF JUDGMENT16/04/1987BENCH: DUTT, M.M. (J)BENCH: DUTT, M.M. (J)REDDY, O. CHINNAPPA (J)CITATION: 1987 AIR 1201 1987 SCR (2)1030 1987 SCC (2) 602 1987 SCALE (1)799ACT: All India Services (Confidential Rolls) Rules 1970--Rules 1(3), 2(a), (e), (f), 5, 6, 6A and 7--Inspector General of Police Confi- dential Reports--Reporting and Reviewing Authority--Minister-in-Charge of Police De- partment and not Home Secretary--Chief Minis- ter-Communication of adverse remarks within seven months.Police Act, 1861--Sections 3 and 4--Punjab Police Rules, 1934--Rule 1.2--Inspector Gener- al of Police-Head of Police Department-Immedi- ate superior to Inspector General of Po- lice--Minister-in-Charge of Police Department.Business of Haryana Government (Alloca- tion) Rules, 1974 Rules 14, 6B-Home Secretary not head of Police Department-Minister-in- Charge of Police Department Head of Depart- ment-Confidential Report of Inspector General of Police--Chief Minister reviewing authority and a...
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