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V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Vikram Ruhal – Appellant
Versus
Delhi Police – Respondent
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 (Bha
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 crim....
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.
The mere pendency of a criminal case not involving moral turpitude cannot justify denial of appointment, emphasizing the need for contextual evaluation of character and offences.
Mere FIR implication without chargesheet or trial due to mistaken identity does not justify keeping police recruitment candidature pending; Screening Committee must assess based on investigation find....
A candidate's non-involvement in a criminal case, confirmed by removal from the FIR, allows for consideration in the current recruitment process despite prior allegations.
The court established that non-disclosure of criminal antecedents can impact employment in law enforcement, but subsequent disclosures and acquittals must be duly considered by the appointing authori....
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