The duty of the prosecution to establish guilt, the presumption of innocence until proven guilty, and the need for a close scrutiny of each case to determine suitability for appointment.

JUDGMENT

Anoop Kumar Mendiratta, J. Writ Petition has been preferred by the petitioner challenging an order dated December 08, 2022 passed by the Central Administrative Tribunal (hereinafter referred to as "the Tribunal") whereby the Tribunal declined to set aside order dated September 11, 2020 issued by the Deputy Commissioner of Police, Recruitment NPL, Delhi canceling the appointment of the petitioner to the post of SI (EXE) in Delhi Police Exam 2017 despite his acquittal in FIR No.424/2011, under Sections 498-A/304-B IPC and Section 3/4 of Dowry Prohibition Act, PS: Samthar, District: Jhansi, UP.

2. In brief, the petitioner participated in the selection process initiated by the Staff Selection Commission for the post of Sub Inspector in Delhi Police and CAPF (Central Armed Police Force) and Assistant Sub Inspector in CISF vide notification/advertisement circulated in the year 2017. Petitioner was declared as qualified for appearing in the detailed medical examination which was conducted on April 07, 2018. A letter was issued to the petitioner by SSC, thereby calling upon him for verification of documents/certificates on October 09, 2018. Petitioner was finally recommended for appointment as Sub inspector (EXE) in Delhi police in the final results declared by SSC and subject to verification.

3. A show-cause notice was issued by the office of Commissioner of Police on May 31, 2019 as to why candidature of the petitioner for the post of SI (EXE) Male in Delhi Police 2017 should not be cancelled due to alleged involvement in criminal case i.e. FIR No.424/2011 under Section 498-A/304-B IPC and Section 3/4 Dowry Prohibition Act registered at PS: Samthar, as disclosed by him in the Attestation Form.

4. Vide letter dated September 11, 2020 issued by the office of DCP Recruitment, petitioner was informed that his reply dated June 17, 2019 to the show-cause notice was examined by the Screening Committee but was not found convincing and as such the appointment for the post of SI (EXE) in Delhi Police Exams 2017 is cancelled.

5. Aggrieved against the issuance of show-cause notice and order dated September 11, 2020 passed by the respondent No.2&3, petitioner preferred O.A.No.525/2021 before the Tribunal for setting aside the show-cause notice dated May 31, 2019 as well as impugned order of the Screening Committee dated September 11, 2020. It was further prayed that the Screening Committee of respondent be directed to re-consider the case of the petitioner and be accordingly appointed as Sub Inspector (EXE) in Delhi Police.

6. In support of the claim, learned counsel for the petitioner contended before the Tribunal that the information regarding FIR and acquittal was truthfully conveyed in the Attestation Form and despite clear judgment of acquittal, an adverse inference has been wrongfully drawn by the respondents. It was also pointed out that the petitioner had been earlier selected in another exam conducted by SSC in 2016 for SI (CISF) but his candidature was rejected by the Deputy Inspector General, CISF vide order dated July 26, 2018 on account of criminal involvement in aforesaid FIR. However, aggrieved by the same, petitioner approached by way of Writ (A) No.18208/2018 before the High Court of Allahabad which was allowed vide order dated August 04, 2021 and directions were issued for passing fresh order in the light of the judgment passed by the Hon'ble Supreme Court of India in Avtar Singh vs. Union of India, (2016) 8 SCC 471. It was further submitted that the said order of appointment had been complied with by CISF, and since the recruiting agency for both CISF and Delhi Police is the same i.e. SSC, similar directions be passed against Delhi Police. Reference was also made to judgment passed by the learned criminal court whereby the petitioner stood acquitted. Reliance was also placed upon judgment passed by the Hon'ble Supreme Court of India in The Deputy Commissioner of Police & Anr. vs. S. Samuthiram, (SLP NO.31592/2008