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2023 Supreme(Online)(CAT) 1893

1

O.A. No. 2497/2016

Central Administrative Tribunal

Principal Bench: New Delhi

O.A. No. 2497/2016

Reserved on: 16.02.2023

Pronounced on: 07.03.2023

Hon’ble Mr. Anand Mathur, Member (A)

Hon’ble Mr. Manish Garg, Member (J)

Vikram Singh

Roll No. 102501

S/o Sh. Ramphal

Aged about 23 Years

R/o VIII : Ramkali

PO : Shamllo Kalan,

Distt : Jind, Haryana

…Applicant

(By Advocate(s): Mr. Anil Singal)

Versus

1. Govt. of NCT of Delhi

Through Commissioner of Police,

PHQ, IP Estate, New Delhi.

2. DCP (Recruitment Cell)

NPL, Kingsway Camp, Delhi.

…Respondents

(By Advocate(s): Mr. Puneet Rathi for Ms. Rashmi Chopra)

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O.A. No. 2497/2016

Hon’ble Mr. Manish Garg, Member (J)

This Original Application has been filed by the applicant

under Section 19 of Administrative Tribunals Act, 1985, seeking

the following relief(s):-

“A) To quash the impugned SCN dt. 17.6.2016 and Order

dt.6.7.2016 and direct the respondents to issue letter of

appointment to the applicant for the post of Constable (Ex.)

with all consequential benefits including Seniority/promotion

and arrears of pay particularly when the applicant is not able

to get job despite his best efforts.

B) To award costs in favor of the applicant and

C) To pass any order or orders which this Hon’ble Tribunal

may deem just & equitable in the facts & circumstances of the

case.”

2.

The applicant was selected as Constable (Ex.) in Delhi Police

during the recruitment held in the year 2013. He was initially of

age about 20 years. It is pointed out by learned counsel for the

applicant that he has disclosed involvement in Criminal offence

in the attestation form as well as application form to a kalendra

which culminated into FIR No. 196/2012 dated 14.11.2012

reported in PS/Uchana, Haryana, U/s 147/452/323/506/149

IPC. However, the applicant failed to disclose his involvement in

yet another FIR No.765/2014 dated 22.09.2014 reported in

PS/Jind City, Haryana, U/s 323/341/148/149/506 IPC. Learned

counsel for the applicant contends that immediately after his

selection and upon realizing his mistake of non-disclosing of the

aforesaid details he on his own violation moved an appropriate

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representation

disclosing

his

involvement

vide

his

application/communication letter dated 03.03.2016 before the

Competent Authority alongwith the decisions dated 13.02.2013

in respect of first FIR and dated 05.03.2015 in respect of second

FIR regarding clear acquittal of the applicant in the

aforementioned FIRs. Pursuant to which the applicant was

issued a Show Cause Notice dated 17.06.2015 by the

respondents. The same is reproduced herein under for ready

reference:-

“Subject:- Recruitment for the post of Constable (Exe.) Male in

Delhi Police -2013. [Show Cause Notice] - regarding.

Memo.

It is stated that you candidate Vikram Singh S/o Shri

Ramphal had applied to the post of Constable-{Exe.) Male in

Delhi Police during the recruitment held in the year-2013. You

were put through the Physical Endurance & Measurement Test

and written examination and declared provisionally selected

against Roll No.102501; subject to satisfactory verification of

character & antecedents, medical fitness and final checking of

documents etc.

Scrutiny of Application Form &.Attestation Form

revealed that you had disclosed the facts of your involvement

in a Kalandra u/s. 7/51 in the relevant column of Attestation

Form. However, on further scrutiny, it is also revealed that

you had submitted an application to this office on 03.03.2016

mentioning therein that you were also involved in two

criminal cases vide FIR No.(1) 196/2012 dated 14.11.2012 u/s.

147/452/323/506/149

IPC,

PS/Uchana

and

(2)

FIR

No.765/2014 dated 22.09.2014 u/s. 323/341/148/149/506 IPC,

PS/Jind in which later on you were acquitted by the Honble

Court

vide

orders

dated

13.02.2013

and

05.03.2015

respectively. The above facts shows that you have concealed

the facts of your involvement in the above-said two criminal

cases in the relevant column of application form & attestation

form deliberately despite clear warning given at the top of the

forms that furnishing of any false information or concealing

any facts will be treated as disqualification. Thus, you have

concealed the facts of your involvement in the above said

criminal case in the relevant column of both the forms and

tried to seek appointment in Delhi Police by adopting deceitful

means through malafide intention.

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As such, you candidate Vikram Singh S/o Shri Ramphal

are, therefore, called upon to Show Cause as to why your

candidature for the post of Constable (Exe.) in Delhi Police-

2013 should not be cancelled for the reasons mentioned above.

Your repl

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