Employer's right to consider antecedents and fitness, and the need for a careful examination of the nature of the offence and evidence before deferring a candidate's appointment due to a pending criminal case.

JUDGMENT

Anoop Kumar Mendiratta, J. The challenge in this Writ Petition is to an order dated February 20, 2023 passed by the Central Administrative Tribunal (hereinafter referred to as the "Tribunal") whereby the Tribunal declined to set aside order dated December 02, 2020 issued by the Deputy Commissioner of Police, Recruitment NPL, Delhi thereby keeping the recruitment of the petitioner to the post of Sub Inspector (Exe) in Delhi Police pending, till final outcome of the proceedings arising out of FIR No. 234/2018, under Sections 313/323/406/498A/506/34 I.P.C., P.S.: Women Police Station, Jind.

2. In brief, the petitioner applied for the post of Sub Inspector in Delhi Police in response to the recruitment notice dated April 22, 2017 issued by the Staff Selection Commission and successfully cleared all the examinations including Tier-1 exam, Physical Endurance Test (PET), Tier-2 exam and detailed medical examination which were held between May, 2017 and September, 2018. In the interregnum, before the announcement of final result, on October 11, 2018, an FIR No.234/2018 under Sections 313/323/406/498A/506/34 IPC was registered at PS: Women Police Station, Jind by sister-in-law (Bhabhi) of the petitioner, implicating all the family members including the petitioner.

Thereafter, on October 31, 2018 on announcement of final result by SSC, petitioner was recommended for appointment as Sub Inspector in Delhi Police, subject to verification. During verification carried out by Delhi Police, petitioner disclosed about the pendency of aforesaid FIR.

3. Thereupon a show-cause notice No.6352 was issued to the petitioner by the office of Deputy Commissioner of Police on May 31, 2019 as to why the candidature of the petitioner for the post of SI (EXE) Male in Delhi Police-2017 should not be cancelled due to alleged involvement in FIR No.234/2018 under Sections 498A/406/506/313/323/34 IPC registered at PS: Women Police Station, Jind, as disclosed by him at the time of verification.

In response, a detailed reply dated June 18, 2019 was submitted by the petitioner in the office of Deputy Commissioner of Police, Recruitment, Delhi Police.

4. In the meantime, on November 01, 2019 charge-sheet in the aforesaid FIR was filed by the police, wherein the name of the petitioner was reflected in `Column 12'. The cognizance was taken by the Court of JMIC, but the petitioner was not summoned since he was placed in Column 12 on investigation by the police.

5. Vide letter dated September 11, 2020 issued by the office of Deputy Commissioner of Police, Recruitment, petitioner was informed that his reply dated June 18, 2019 to the show-cause notice was examined by the Screening Committee as per S.O. No.398/2018 and decided to keep his case pending till final decision of the criminal case and, thereafter, appeal, if any preferred.

6. Petitioner preferred two separate representations dated September 22, 2020 and September 26, 2020 before the Commissioner of Police, Delhi thereby requesting to consider his candidature to the post of Sub Inspector, reiterating that no criminal case is pending against him as his name was reflected in Column 12 of the charge-sheet.

Since no response was received from respondents, petitioner left with no other option preferred O.A. No. 1605/2020 before the Tribunal, challenging the Order No. 3042/Rectt. Cell/SI (DA-I)/NPL dated September 11, 2020 issued by the respondent No.1.

7. The aforesaid O.A. was disposed of by the Tribunal vide order dated October 22, 2020 directing the respondents to consider the representation of the petitioner dated September 26, 2020 by passing a reasoned and speaking order expeditiously and in any case within eight weeks of receipt of a copy of the order.

8. In compliance of the order passed by the Tribunal in O.A. No.1605/2020, petitioner was informed vide Order No. 4706/Rectt. Cell/SI (DA-I)/NPL dated December 02, 2020 that on examination of the case of the petitioner, the Screening Committee recomm