Re-examination of applicant's suitability for employment post-probation must consider criminal case outcomes.

O R D E R(Oral)

Hon’ble Mrs. Harvinder Kaur Oberoi, Member(J) The present OA has been filed by the applicant seeking the following relief:-

“In view of the above facts and circumstances, this Hon’ble Tribunal may be pleased to:

(1) To set aside the impugned order at

12.04.2024 and 16.12.2024 and to further direct the respondents to appoint the applicant to the post of constable (Exe.) Male in Delhi Police with all consequential benefits including seniority and promotion and pay and allowances.

and/or Any other relief which this Hon’ble Court deems fit and proper may also awarded to the applicant.”

2. The applicant is an aspirant for the post of Constable (Exe.)—Male in the Delhi Police. He applied pursuant to the advertisement notification issued by the respondents and participated in the said examination with Roll No. 2215082520. The applicant was provisionally selected. However, his candidature has been cancelled.

3. The counsel for the applicant submits that at the time of filling up the attestation form the applicant had duly informed the respondents of the criminal case, FIR No. 489/2019 under Sections 279, 336, 427 of the IPC in the district of Rewari, Haryana against him.

4. In the said FIR, the Trial Court had convicted the applicant and sentenced him to imprisonment for three months along with a fine of Rs.1,000/-. Subsequently, vide an order dated 22.07.2024, the said Trial Court sentenced him to undergo simple imprisonment. The order passed by the learned Trial court was challenged by the applicant before the Additional District and Sessions Judge (ADJ) at Rewari, Haryana vide CRA/65/2024. The same came to the decided on 09.10.2024. The decision in the appeal went in favor of the applicant and benefit of the Probation of Offenders Act was granted to the applicant.

The respondents in the meantime, had issued a Show Cause Notice (SCN) dated 12.04.2024, calling him to show cause as to why his candidature may not be cancelled due to his involvement in the said criminal case. The applicant in response to the said show cause notice informed the respondents of the pending appeal also.

4. Vide application dated 18.10.2024, the applicant had submitted the final order passed by the learned Sessions Court in appeal dated 09.10.2024, requesting the respondents/Screening Committee to take note of the same and to consider his candidature.

5. The counsel for the applicant submitted that the ADJ while deciding the said appeal has granted him the benefit of Sections 3 and 12 of the Probation of Offenders Act , 1958. The following observations have been made by the Learned ADJ:-

“8. After having hearing this court has come to conclusion that the complaint in this case was filed on. 17.09.2019. The appellant was sentenced to undergo simple imprisonment for a period of three months along with line of Rs. 1000 under Section 279 IPC and simple imprisonment for a period of one month along with fine of Rs.100/- under Section 336 IPC and simple imprisonment for a period of three months alongwith a fine of Rs. 1000/-for the commission of offence punishable under Section 427 IPC. This Court has gone through the order on quantum of sentence passed by learned trial court. However, learned trial court has not given any finding with regard to a fact as to why the appellant was not entitled for probation. It is clearly mentioned that the appellant has been selected in Delhi Police for the post of constable. He is not previous convict. It is also not mentioned that appellant has ever misused concession of bail granted by the court during trial. Learned trial court has not considered the gravity of offence, character, antecedents of the offender as well the appellant is entitled to be referent probations of good conduct or not. FIR perta