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'
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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'
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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'
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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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