Juvenile acquittal in serious offences bars disqualification from police employment; records obliterated under fresh start principle, overriding screening assessments of integrity.

ORDER (ORAL)

By Hon’ble Mr. R. N. Singh, Member (J)

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

“i) To quash and setaside the order dated 17.01.2017 and to further direct the respondents that offer of appointment letter dated 11.07.2012 be restored with all consequential benefits including seniority & promotion and pay & allowances.

ii) To quash and set-aside the minutes of screening Committee meeting in respect of applicant at A-2.

Or/and

iii) Any other relief which this Hon'ble Court deems fit and proper may also awarded to the applicant.”

2. The claim of the applicant has been contested by the respondents by filing counter reply. The applicant has filed rejoinder, reiterating his claims and the grounds pleaded in support thereof.

3. We have heard the learned counsels for the parties and with their assistance, we have also perused the pleadings available on record. Undisputed facts are that the applicant was provisionally selected for appointment on the post of Constable Male (Executive) in Delhi Police on the basis of recruitment held in the year 2009. However, the respondents have issued a show cause notice dated 23.02.2010 as to why his candidature for the said post should not be cancelled. The applicant submitted his reply/explanation to the said show cause notice however, the applicant’s candidature was cancelled vide order dated 21.10.2010.

4. Aggrieved by the said order, the applicant had made a representation which was rejected by the respondents vide order dated 02.02.2011. Aggrieved by such order(s) of the respondents, the applicant had approached this Tribunal by way of O.A./1055/2011, which was disposed of by the Tribunal vide order/judgment dated 11.01.2012, wherein the Tribunal has held that the claim of the applicant is squarely covered by the judgment of the Tribunal in O.A./2458/2011 titled Pradeep Hooda vs. Govt. of NCT of Delhi decided on 10.01.2012 and the Tribunal set aside the orders of cancellation of the candidature of the applicant and/or rejection of his representation against such cancellation, impugned in O.A./1055/2011 (supra). Such Order of the Tribunal was challenged by the respondents before the Hon’ble High Court of Delhi vide W.P. (C) No.2716/2012, which was dismissed by the Hon’ble High Court vide order/judgment dated 08.05.2012 (Annexure A- 18).

5. In purported compliance of directions of the Tribunal upheld by the Hon’ble High Court, the respondents have issued offer of appointment for the post of Constable Executive (Male) in Delhi Police vide order dated 11.07.2012, subject to outcome of SLP to be filed by the respondents before the Hon’ble Apex Court against the order/judgment dated 08.05.2012 of the Hon’ble High Court in C.W.P. No. 2716/2012 (supra). The SLP filed by the respondents has been disposed of by the Hon’ble Apex Court vide common order/judgment dated 22.11.2016 in Civil Appeal No. 23192/2012 titled Sunil Kumar Rai vs. Union of India & Ors. and other connected SLPs.

6. Pursuant to such order/judgment dated 22.11.2016 passed by the Hon’ble Apex Court, the respondents got the case of the applicant herein considered by a Screening Committee to assess his suitability for service under them in the light of judgment of the Hon’ble Apex Court in the case of Avtar Singh vs. Union of India & Ors., reported in 2016 8 SSC 471, in view of the liberty granted by the Hon’ble Apex Court in common order/judgment