LexSWATANTAR SINGH versus STATE OF HARYANA AND ORS.
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- SWAT ANT AR SINGH A v. STATE OF HARYANA AND ORS. MARCH 3, 1997 (K. RAMASWAMY AND G.T. NANAVAT~, JJ.] B Service Law : Annual Confidential Report-Adverse entries-Sub-Inspector of Police-Given adverse emries in respect of his honesty and reliability-Writ C petition challenging the remarks as vague and without any particulars--lt was also pleaded that the subsequent representation was wrongly rejected holding that there was no provision for second representation-Writ petition dismissed by High Court-Held the remarks were made 011 the basis of reputation of the delinquent-They cannot be said to be vague and without any par- ticulars-Repeated representation could render little servic~ejection thereof D is neither illegal nor arbitrary. CIVIi,. APPELLATE JURISDICTION: Special Leave Petition (C) No. 4013 of 1997. From the Judgment and Order dated 7.10 .. 96 of the Punjab & E Haryana High Court in W.P. No.15698 of 1996. Ranbir Yadav for the Petitioner. The following Order of the Court was delivered : This special leave petition arises from the Judgment of the Division Bench of the High Court of Punjab & Haryana, made on October 7, 1996 in CWP No. 15698/96. F The admitted facts are that while the petitioner was working as Sub-fospector of Police in Faridabad District in Gurgaon Range, adverse G entries were made in his confidential report for the period from April 25, 1994 to March 31, 1995. The same came to be communicated to him by the Superintendent of Police, Faridabad on August 2, 1995. The repre- sentation made by the petitioner was rejected by the Deputy IllSpector General of police by proceedings dated December 21, 1995. His further H 639 640 SUPREME COURT REPORTS [1997] 2 S.C.R. , A representation was rejected by the Director General of Police in his letter dated May 13, 1996. It was stated therein that there was no provision for second representation. When the petitioner moved the High Court under Article 226, the writ petition was dismissed. B c D The entries made by the Superintendent of Police were as under : "l. Honesty 2. Reliability 3. Defects Report of corruption Unreliable For improving, called several times and advised. 4. General Remarks : Can become a good police officer if he can control corruption and temptation." The contention of Shri Ranbir Y adav, learned counsel for the petitioner, is that the High Court has wrongly dismissed the writ petition in view of the settled legal position that if the adverse remarks impinge upon the career prospect of the petitioner, the representation made to the higher authorities requires consideration and that rejection thereof must E be supported by reasons. The remarks made by the Superintendent of Police are vague and without any particulars and, therefore, the rejection of the second representation is unjust and unfair to the petitioner and is also arbitrary. We find no force in the contention. It is true that in view of the F settled legal position, the object of writing the Confidential Reports or Character Roll of a Government servant and communication of the adverse remarks is to afford an opportunity to the concerned officer to make amends to his remiss; to reform himself; to mend his conduct and to be disciplined, to do hardwork, to bring home his lapse in his integrity and character so that he corrects himself and improves the efficiency in public G service. The·entries, therefore, require an objective assessment of the work and conduct of a Government servant reflecting as accurately as possible · his sagging inefficiency and incompetency. The defects and deficiencies brought home to the officer, are means to the end of correcting himself and to show improvement towards excellence. The confidential report, H therefore, would contain the assessment of the work, devotion to duty·and SWATANTAR SINGH v. STATE 641 integrity of the officer concerned. The aforestated entries indicate and A reflect that the Superintendent of Police had assessed the reputation of the officer, his honesty, reliability and general reputation gathered around the officer's performance of the duty and shortfalls in that behalf. It is sad but a bitter reality that corruption is corroding, like can- cerous lymph nodes, the vital veins of the body politics, social fabric of B efficiency in the public service and demoralising the honest officers. The efficiency in public service would improve only when the
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