Punjab-Haryana High Court
State Of Haryana And Others vs Asi Sadhu Ram on 14 February, 2011
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
LPA No. 238 of 2011 (O&M)
Date of Decision: 14.2.2011
State of Haryana and others
...Appellants
Versus
ASI Sadhu Ram
...Respondent
CORAM: HON'BLE MR. JUSTICE M.M.KUMAR
HON'BLE MR. JUSTICE T.P.S. MANN
Present: Mr. Aman Chaudhary, Addl. AG, Haryana,
for the appellants.
1. To be referred to the Reporters or not?
2. Whether the judgment should be reported in
the Digest?
M.M.KUMAR, J.
1. This is an appeal under Clause X of the Letters Patent impugning the judgment dated 20.1.2010 passed by the learned Single Judge while disposing of a bunch of petitions.
2. The learned Single Judge, while placing reliance on various judgments of this Court as well as that of Hon'ble the Supreme Court, has come to the conclusion that there is no power of review with the Director General of Police to set aside the order passed by his predecessor.
3. A perusal of the facts in the present case shows that earlier order passed by the Director General of Police expunging the adverse remarks recorded against the writ petitioner-respondent was sought to be reviewed by the successor-in-office and L.P.A. NO. 238 OF 2011 (O&M) 2 accordingly, the order reviewing the earlier adverse remarks was without jurisdiction as has been held by a Division Bench of this Court in the case of Ram Niwas v. State of Haryana and others, 2007 (1) S.L.R. 243. The matter is squarely covered against the State and in favour of the writ petitioner. Accordingly, there is no merit in the appeal. Dismissed.
(M.M. KUMAR) JUDGE (T.P.S. MANN) 14.2.2011 JUDGE PKapoor