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2021 Supreme(SC) 462

K.M.JOSEPH, S.RAVINDRA BHAT
COMMISSIONER OF POLICE – Appellant
Versus
RAJ KUMAR – Respondent


Advocates appeared:
For the Petitioner(s):B. V. Balaram Das, Advocate
For the Respondent(s):Sudhir Naagar, Yoginder Singh, Hardik Luthra, Arvind Kumar Gupta, Anil Singal, Prashant Bhardwaj, Rishi Bharadwaj, Abhiesumat Gupta, Vikram Singh Jakhar, Advocates

JUDGMENT :

S. RAVINDRA BHAT, J.

1. Leave granted. The Commissioner of Police, Delhi (“the appellant”) is in appeal, aggrieved by a common judgment of the Delhi High Court by which the respondents (hereafter referred to as “candidates/applicants”) were directed to be considered for appointment to the post of Constable of Delhi Police.

2. An advertisement was issued in the year 2009, inviting applications from eligible candidates to fill up vacancies in the cadre of constable in the Delhi Police. It is not in dispute that the respondent candidates, in their applications, disclosed that criminal cases had been instituted against them - as well as the outcome of those cases. Except in SLP(C) 18396/2014 where the applicant Deepa Tomar was facing trial, the criminal cases had ended in compromise. After due consideration of their candidature, and in terms of S.O. No.398/2010, the appellant referred their cases to a Standing Committee, to assess their suitability. In Deepa Tomar’s case, the consideration was deferred since she was facing trial in criminal proceedings where she was charged

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