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2013 Supreme(Del) 453

PRADEEP NANDRAJOG, V.KAMESWAR RAO
Commissioner of Police – Appellant
Versus
Mukesh Kumar – Respondent


Advocate Appeared:
For the Petitioners:V.K. Tandon, Yogesh Saini, S.Q. Kazim, M.H. Usmani, A.K. Trivedi for Dr. S.P. Sharma, Advocates.
For the Respondents:L.R. Khatana, Sachin Chauhan, Sourabh Ahuja, Advocates.

Judgment :-

Pradeep Nandrajog, J.

1. Would the pendency of a criminal proceeding or a conviction or for that matter a criminal proceeding which has already terminated either in conviction or an acquittal be a justified ground to deny entry into Government service is a question which has repeatedly been debated before the Central Administrative Tribunal, the Delhi High Court and even the Supreme Court. In spite of a near unanimity of opinion, we find that various Benches of the Central Administrative Tribunal have not understood the correct position in law nor have they understood how law has to be applied to the facts of each case, and thus notwithstanding an exhaustive opinion pronounced by this Court reported as 171 (2010) DLT 705 Government of NCT of Delhi & Anr. vs. Robin Singh, since the issue keeps on resurrecting our endeavour therefore, while writing this opinion, would be to lay down principles on which facts of each case have to be applied

to the law.

2. Since we are concerned in the four captioned petitions with appointment to the post of a Constable (Executive) in the Delhi Police, we highlight that police plays an essential role, of enforcement of law and order, in mod















































































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