VidhiSangh

Supreme Court of India · 14/06/2023

AISH MOHAMMAD versus STATE OF HARYANA AND ORS

[2023] 7 S.C.R. 403 · 2023 INSC 578

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court declined to interfere with a Haryana police officer’s compulsory retirement, while rejecting the High Court’s reasoning. The Inspector General lacked power to reconsider an earlier refusal to expunge adverse remarks, and the civil court’s liberty did not confer that power. The Director General’s subsequent supervisory action after notice was upheld.

Issues

  1. Whether the Inspector General could expunge adverse remarks on a repeated representation after an earlier refusal by the same authority.
  2. Whether the civil court’s liberty supplied the missing power of reconsideration.
  3. Whether the Director General’s action and consequential compulsory retirement warranted interference.

Provisions considered

Held

Result

Appeal dismissed; parties to bear their own costs. Registry to communicate the judgment to the specified Punjab and Haryana authorities; steps to be taken forthwith in line with paragraphs 19–21 concerning the outdated rules and designations.

Judgment PDF: Supreme Court of India, [2023] 7 S.C.R. 403.