Conviction under Penal Act does not automatically disqualify candidates from employment, but integrity and past conduct are vital for suitability, especially for government positions.

ORDER

Hon’ble Mr. Rajinder Kashyap, Member (A): -

By way of the present O.A. under Section 19 of the Administrative Tribunals Act, 1985 , the applicant has prayed for the following reliefs: -

“(i) Set aside the impugned Order dated 16.11.2023, issued by the respondent No. 2/Deputy Director of Education, Govt. of NCT of Delhi, whereby the candidature of the applicant (Roll No. 112503900346) for appointment on the post of TGT (Social Science) (Male)(Post Code: 39/21) in Directorate of Education, Govt. of NCT of Delhi was rejected;

(ii) Direct the respondents to issue an appointment letter to the applicant thereby appointing him on the post of TGT (Social Science)(Male) (Post Code: 39/21) in Directorate of Education and grant him all the consequential benefits (monetary as well as non-monetary) thereof, including full back wages/salary, seniority, etc. along with interest to be calculated 18% per annum;

(iii) Allow the present Original Application with costs in favor of the applicant; and

(iv) Issue any other appropriate order or directions as this Hon’ble Tribunal may deem fit and proper in the interest of justice and in favor of the applicant.”

FACTS OF THE CASE

2. As stated by the applicant, the applicant, belonging to the Unreserved (UR) category, was named in FIR No.815/2012 dated 04.11.2012 under Sections 419, 420, and 120 B IPC, registered at P. S. Shakarpur, Delhi. On 12.02.2020, he and a co-accused pleaded guilty, but under Section 12 of the Probation of Offenders Act, 1958 , no stigma of conviction attaches, and such conviction cannot disqualify him from government employment.

2.1 Pursuant to Advertisement No. 02/2021 dated 12.05.2021 issued by the Delhi Subordinate Staff Services Board (in short 'DSSSB'), the applicant applied for the post of TGT (Social Science) (Male), Post Code 39/21, under the Directorate of Education, GNCT of Delhi. He appeared in the said exam held on 06.09.2021, securing 137.39/200 marks, above the UR cut-off marks of 112.99. The applicant was shortlisted for uploading the e-dossier, which he duly uploaded, including the Court Order dated 12.02.2020, on his own initiative.

2.2 Following DSSSB’s direction, he obtained an updated order dated 07.03.2022 from the Metropolitan Magistrate, Karkardooma, confirming compliance with the Probation of Offenders Act, and submitted it on 08.03.2022. DSSSB’s Final Result Notice No.132 dated 28.04.2022 provisionally selected him among with 295 candidates, and his dossier was forwarded to the Directorate of Education.

2.3 The Directorate of Education issued a deficiency memo on 24.08.2022, which the applicant replied to on 01.09.2022 and again on 20.09.2022, requesting issuance of appointment letter. He later obtained a police verification dated 04.11.2022 confirming that no criminal involvement and submitted it on 11.11.2022. Despite repeated representations and emails until July 2023, no response was received.

2.4 Subsequently, vide order dated 16.11.2023, the Deputy Director of Education rejected his candidature for the said post. The applicant claimed that the said order is illegal and unjustified and therefore, he served a legal notice dated 06.12.2023, which was received by the respondents but they had not replied to, leading to filing of the present Original Application.

3. Pursuant to notice issued by this Tribunal, the respondents have filed their counter reply to which the applicant has also filed his rejoinders.

CONTENTIONS OF THE APPLICANT

4. Learned counsel for the applicant contended that the impugned order is both factually perverse and l