W.P. (C) No.860/2023 Page 1 of 14

IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgment reserved on: March 27, 2023

Judgment delivered on: April 11, 2023

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W.P.(C) 860/2023

MAHESH KUMAR

..... Petitioner

Through:

Aman Mudgal, Advocate

versus

UNION OF INDIA AND ORS.

..... Respondents

Through:

Mrs.

Avnish

Ahlawat,

Standing

Counsel with Ms. Tania Ahlawat, Mr.

Nitesh Kumar Singh, Ms. Palak

Rohmetra, Ms. Laavanya Kaushik and

Ms. Aliza Alam, Advocates.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA

J U D G M E N T

ANOOP KUMAR MENDIRATTA, J.

1.

Writ Petition has been preferred by the petitioner challenging an order

dated December 08, 2022 passed by the Central Administrative Tribunal

(hereinafter referred to as “the Tribunal”) whereby the Tribunal declined to

set aside order dated September 11, 2020 issued by the Deputy

Commissioner of Police, Recruitment NPL, Delhi canceling the appointment

of the petitioner to the post of SI (EXE) in Delhi Police Exam 2017 despite

his acquittal in FIR No.424/2011, under Sections 498-A/304-B IPC and

Section 3/4 of Dowry Prohibition Act, PS: Samthar, District: Jhansi, UP.

Digitally Signed

By:DINESH CHANDRA

Signing Date:11.04.2023

17:10:47

Signature Not Verified

W.P. (C) No.860/2023 Page 2 of 14

2.

In brief, the petitioner participated in the selection process initiated by

the Staff Selection Commission for the post of Sub Inspector in Delhi Police

and CAPF (Central Armed Police Force) and Assistant Sub Inspector in

CISF vide notification/advertisement circulated in the year 2017. Petitioner

was declared as qualified for appearing in the detailed medical examination

which was conducted on April 07, 2018. A letter was issued to the petitioner

by SSC, thereby calling upon him for verification of documents/certificates

on October 09, 2018. Petitioner was finally recommended for appointment

as Sub inspector (EXE) in Delhi police in the final results declared by SSC

and subject to verification.

3.

A show-cause notice was issued by the office of Commissioner of

Police on May 31, 2019 as to why candidature of the petitioner for the post

of SI (EXE) Male in Delhi Police 2017 should not be cancelled due to

alleged involvement in criminal case i.e. FIR No.424/2011 under Section

498-A/304-B IPC and Section 3/4 Dowry Prohibition Act registered at PS:

Samthar, as disclosed by him in the Attestation Form.

4.

Vide letter dated September 11, 2020 issued by the office of DCP

Recruitment, petitioner was informed that his reply dated June 17, 2019 to

the show-cause notice was examined by the Screening Committee but was

not found convincing and as such the appointment for the post of SI (EXE)

in Delhi Police Exams 2017 is cancelled.

5.

Aggrieved against the issuance of show-cause notice and order dated

September 11, 2020 passed by the respondent No.2&3, petitioner preferred

O.A.No.525/2021 before the Tribunal for setting aside the show-cause notice

dated May 31, 2019 as well as impugned order of the Screening Committee

Digitally Signed

By:DINESH CHANDRA

Signing Date:11.04.2023

17:10:47

Signature Not Verified

W.P. (C) No.860/2023 Page 3 of 14

dated September 11, 2020. It was further prayed that the Screening

Committee of respondent be directed to re-consider the case of the petitioner

and be accordingly appointed as Sub Inspector (EXE) in Delhi Police.

6.

In support of the claim, learned counsel for the petitioner contended

before the Tribunal that the information regarding FIR and acquittal was

truthfully conveyed in the Attestation Form and despite clear judgment of

acquittal, an adverse inference has been wrongfully drawn by the

respondents. It was also poin