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2026 Supreme(Online)(CAT) 915

CENTRAL ADMINISTRATIVE TRIBUNAL
Nikhil Kumar – Appellant
Versus
Home Affairs – Respondent
O.A./171/2025



Central Administrative Tribunal Principal Bench, New Delhi O.A. No. 171/2025 This the 27th day of January, 2026 Hon’ble Mr. Manish Garg, Member (J)

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

Nikhil Kumar Age 26 years S/o Shri Mempal Singh, R/o Village Niyamatpur, Post Banhera Khas, Sultanpur, Uttar Pradesh-247554 ...Applicant By Advocate(s): Mr. Sachin Chauhan Versus

1. Union of India Through The Secretary, Ministry of Home Affairs, NDCC-II Building, Jai Singh Road, Near Jantar Mantar, New Delhi-110 001

2. The Commissioner of Police, Police Headquarters, Jai Singh Road, New Delhi.

3. The Addl. Commissioner of Police, Recruitment, New Police Lines, Kingsway Camp, Delhi-110009

4. The Dy. Commissioner of Police, Recruitment, New Police Lines, Kingsway Camp, Delhi-110009 …Respondents By Advocate(s): Mr. Hilal Haider ORDER (ORAL)

Hon’ble Mr. Manish Garg, Member (J)

In the instant O.A. the applicant has prayed for the following reliefs:-

“8. (1) To set aside the SCN and impugned order dated 29.03.2022, 31.10.2022 and 03.12.2024 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 be awarded to the applicant.”

2. Highlighting the facts of the present case, learned counsel for the applicant states that the applicant is aggrieved of the show cause notice dated 29.03.2022 (Annexure-A/1) impugned herein, which reads as under:-

“It is stated that you candidate, Nikhil Kumar [Roll No.2006004095] applied for the post of Constable (Exe.) in Delhi Police Examination-2020 and declared selected provisionally; subject to satisfactory verification of character & antecedents, medical fitness and final checking of documents etc.

Scrutiny of records revealed that you were involved in case FIR No.532 u/s. 188/269/270 IPC, PS/Devband (UP) and disclosed the facts about your involvement in the relevant column of Attestation Form filled up by you on 12.01.2022.

As such, you are hereby called upon to show cause as to why your candidature for the post of constable (Exe.) Male in-Delhi Police (2020J should not be cancelled for the reasons mentioned above. Your reply, if any, should reach this office within 15 days from the date of receipt of this notice failing which it will be presumed that you have nothing to say in your defense and your candidature will be decided ex-parte on its merit and no further correspondence will be entertained, in this regard.”

2.1. Vide impugned order dated 31.10.2022 (Annexure- A/2) the result of the applicant has been kept at abeyance till the final execution of the criminal case.

2.3. Further the latest position has been apprise by the applicant by a representation dated 20.11.2024 for seeking a joining, pursuant to which an interim order dated 03.12.2024 (Annexure-A/4) has been passed by the respondents which is on the same lines as passed earlier. The said order dated 03.12.2024, reads as under:-

“Subject: Recruitment to the post of Constable (Exe.)

Male in Delhi Police-2020.

[Held-in-abeyance case] regarding.

Please refer to your application-cum-representation dated 20.11.2024 for joining, Delhi Police as Constable (Exe.).

Your case regarding involvement in FIR No.532/2020 dated 02.08.2020 u/s. 147/148/149/332/353/504/188/269/270 IPC & 51 Disaster Mang. Act-20S, PS/Devband (UP) has been examined by Screening Committee in its Meeting and decided that your candidature for the post of Constable (Exe.) Male in Delhi Police Examination-2020 may be kept-in-abeyance till the final decision of the Hon'ble Court in the above said case.

As such you are hereby directed to submit the copy of final Judgment/Order in the above said criminal case as & when the same is finalized by the Hon'ble Court.

This issues with the approval of Commissioner of Police/Delhi.”

2.4. He draws attention to the order dated 09.01.2024 passed by the Court

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