2023 Supreme(Online)(CAT) 1893
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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