Mere acquittal in a criminal case does not entitle a candidate to automatic appointment in sensitive positions; employer's discretion is paramount based on comprehensive suitability assessment.

ORDER

Hon’ble Mr. Manish Garg, Member (J)

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

“(i) Direct the Respondents to set aside and quash order dated 04.11.2024 and award all consequential benefits, including continuity of service, seniority, arrears of pay, fixation of pay at par with other similarly placed, to the Applicant; and

(iii) Any other or further order as this Hon'ble Tribunal may deem fit.”

2. Highlighting the facts of the case, learned counsel for the applicant submitted that the applicant is a duly selected candidate for the post of Constable (Exe.) Male, who successfully cleared all stages of the recruitment process and truthfully disclosed his involvement in a criminal case leading to registration of FIR No. 39/2019 against him at PS – Anupshahr, Distt. Bulandshahr, Uttar Pradesh. The said case culminated in a clear acquittal by the court of competent jurisdiction vide judgment dated 11.06.2019, the relevant portion of which, reads as under:

“…Therefore, after perusal of entire oral and documentary evidences, aforementioned case law and facts and circumstances of case available in the file and after hearing detailed arguments of Ld. Counsel of accused persons this Court has reached to this conclusion that however the prosecution side in all the possible circumstances has failed in proving his case beyond reasonable doubt. Therefore, the accused persons Deepak, Vikas, Maan Singh @ Montu, Rinku and Pradeep are liable to be acquitted/discharged from charges of offence punishable U/s 148, 342, 323/149, 307/149 Indian Penal Code and Section 3(2) 5 SC/ST Act of registered at Police Station Anupshahar, District Bulandshahar.”

2.1. Highlighting the aforesaid, learned counsel argued that despite such acquittal, the respondents issued a Show Cause Notice dated 21.03.2024 questioning the applicant’s suitability solely on account of his past involvement in the criminal case. The applicant submitted a detailed reply explaining the circumstances of the case and the judicial findings exonerating him. However, disregarding the acquittal, the respondents mechanically cancelled the applicant’s candidature vide the impugned order dated 04.11.2024, giving rise to the present Original Application.

3. Opposing the grant of relief, learned counsel for the respondents submitted that the respondents have acted strictly in accordance with law, Standing Order No. HRD/12/2022, and settled judicial precedents governing recruitment to a disciplined force like Delhi Police. The candidature of the applicant was examined objectively after issuance of a Show Cause Notice and due consideration of his reply by the duly constituted Screening Committee.

3.1. Learned counsel further submitted that the applicant was found involved in FIR No. 39/2019 registered under Sections 147, 148, 149, 307, 323, 342, 504 and 34 of IPC at PS Anupshahr, District Bulandshahr, Uttar Pradesh and the said involvement was duly examined by the Screening Committee while assessing his suitability for appointment. Learned counsel added that appointment to a law enforcing agency demands a higher standard of integrity and suitability considering the nature of duties involving maintenance of law and order, handling of arms and ammunition, and protection of life and property of the public. The Screening Committee, while assessing the suitability of the applicant, took into consideration the nature and gravity of the offence, the manner of acquittal, and the overall antecedents of the applicant. The acquittal in the criminal case was not a clean acquittal but one based on benefit of doubt, as the prosecution failed to prove the ch