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2026 Supreme(Online)(CAT) 6496

CENTRAL ADMINISTRATIVE TRIBUNAL
8039/2016
O.A./3534/2016



##PAGE1##

1

OA No.3534/2016

Item No.53/C-4

CENTRAL ADMINISTRATIVE TRIBUNAL

PRINCIPAL BENCH, NEW DELHI

O.A. No. 3534/2016

Reserved on : 09.04.2026

Pronounced on : 14.05.2026

Hon’ble Mr. Manish Garg, Member (J)

Hon’ble Dr. Anand S. Khati, Member (A)

Joginder

S/o Sh. Ishwar Singh

R/o H.No. 143, Village – Baijpur

Post Officer Nangal Thakran

Delhi-110039

(Aged about 31 years)

(Candidate for the post of Head Constable (AWO/TPO) Male)

.. Applicant

(By Advocate : Mr. Ajesh Luthra)

Versus

1. Commissioner of Police

PHQ, MSO Building

IP Estate, New Delhi.

2. The Deputy Commissioner of Police (Recruitment Cell)

New Police Lines, Kingsway Camp

Delhi-110009.

… Respondents

(By Advocate: Mr. Gyanendra Singh)

Digitally signed by JYOTI JAIN

Date: 2026.05.15 16:52:54+05'30'

##PAGE2##

2

OA No.3534/2016

Item No.53/C-4

ORDER

Hon’ble Dr. Anand S. Khati, Member (A)

The applicant is aggrieved by the impugned order dated

01.09.2016 whereby his candidature has been cancelled for

recruitment to the post of Head-Constable (AWO/TPO) despite his

selection, on account of failure in joining the basic training. He has

filed the instant Original Application (O.A.) seeking the following

relief(s):

“a) quash and set aside the impugned orders/actions of the

respondents placed at Annexure A/1 and A/2 respectively

and

b) direct the respondents to further consider and appoint the

applicant to the post of Head Constable (AWO) with all

consequential benefits including seniority and monetary

benefits

c) Award costs of the proceedings; and

d) Pass any order/relief/direction(s) as this Hon’ble Tribunal

may deem fit and proper in the interests of justice in favour

of the applicant.”

2. Brief facts of the case, as narrated by the learned counsel for

the applicant are:

2.1 As per result declared on 16.05.2016, the applicant was

selected for the post of Head Constable (AWO/TPO) in Delhi Police-

2013 after qualifying various levels of selection conducted by

Respondent No.2. He was required to report in first week of July,

2016 for document verification. However, he was not in a position to

join immediately as his father-in-law being a cancer patient had

Digitally signed by JYOTI JAIN

Date: 2026.05.15 16:52:54+05'30'

##PAGE3##

3

OA No.3534/2016

Item No.53/C-4

undergone a major surgery. Accordingly, he sought an extension

vide application dated 05.07.2016 along with medical documents,

with a request to allow him to join the next batch of training, which

was not responded to by the respondents.

2.2 On the contrary, after about one and a half month, the

respondents issued Show Cause Notice dated 16.08.2016, proposing

cancellation of the applicant’s candidature on the ground that his

request could not be acceded to as the reason furnished by him was

not satisfactory which shows that he is not interested to join.

2.3 The applicant immediately submitted his reply dated

19.08.2016 expressing his ability and willingness to join forthwith.

Thereafter, he was called for a personal hearing on 24.08.2016. The

applicant complied with the same and in the oral hearing, not only

narrated the reasons seeking extension but also expressed his ability

and willingness to join the department and requested to withdraw

the Show Cause Notice. However, vide impugned order dated

01.09.2016, his candidature was cancelled without giving any

specific reasons, merely stating that his reply submission is not

satisfactory, which is arbitrary and unjustified.

2.4 The learned counsel for the applicant referred to OM dated

09.08.1995 (Annexure A/9) issued by the Govt. of India,

Department of Personnel & Training (DoP&T) on the subject of

granting extensions in joining time, according to which a period of

Digitally signed by JYOTI JAIN

Date: 2026.05.15 16:52:54+05'30'

##PAGE4##

4

OA No.3534/2016

Item No.53/C-4

six months can be allowed to a fresh recruit for joining upon request

made by such candidate. He submitted that in the present case, the

selection process itself stretched for a period of two years and,

unfortunately, when the joining came, the applicant was not in a

position to join in the first pha

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