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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 12239/2022

RAHUL .....Petitioner

Through: Mr. Vipin Rana, Ms. Ritu, Mr. Vinay Panwar, Mr. Vishu Verma and Ms. Shivani, Advs.

versus

UNION OF INDIA AND ORS .....Respondents

Through: Mr. Naginder Benipal, SPC with Mr. Shivam Chanana, Mr. Ankit Siwach and Mr. Udit Vaghela, Advs.

Insp Pradeep Kumar and Head Constable Milan Singh

CORAM:

HON'BLE MR. JUSTICE C.HARI SHANKAR

HON'BLE MR. JUSTICE OM PRAKASH SHUKLA

JUDGMENT(ORAL)

% 06.11.2025

OM PRAKASH SHUKLA, J.

1. The present writ petition has been instituted under Article 226 of the Constitution of India, wherein the petitioner seeks to quash and set aside the impugned Speaking Order dated 03.09.2021 passed by the Joint Director (Security-ABE), Ministry of Railways. By virtue of the said order, the petitioner’s candidature for appointment to the post of Constable (GD) in the Railway Protection Special Force1, pursuant to advertisement No. 01/2018, came to be cancelled on the ground of alleged suppression of information relating to his involvement in a criminal case. The petitioner further seeks consequential directions commanding the respondents to appoint him to the said post with all consequential service benefits.

2. The facts leading to the filing of the present petition, as borne out from the record, are that the Central Recruitment Committee, Railway Board, issued advertisement No. 01/2018 on 30.06.2018 inviting applications for 4,216 vacancies of Constable (Male/Female) in the RPSF and RPF. The selection process comprised a Computer Based Test2, Physical Efficiency Test3, Physical Measurement Test4, Document Verification5 and Medical Examination.

3. The petitioner submitted his application pursuant to the said advertisement. Upon qualifying the CBT, the petitioner was called to appear for the PET, PMT and the DV process, were the petitioner was declared successful in all the said stages of selection.

4. On 18.04.2019, FIR No. 125/2019 came to be registered at Police Station Shahpur, Muzaffarnagar, under Sections 147, 148, 149, 323, 307, 504 and 506 of the Indian Penal Code, 18606. The said FIR named nine individuals and eight unnamed persons, including the petitioner.

5. The investigation culminated in a Final Report dated 20.06.2019, whereby the Investigating Officer deleted the earlier graver offences and filed Charge Sheet No. 169/2019 only against four accused persons under Sections 335, 323, 325, 504 and 506 IPC, dropping the petitioner’s name from the array of accused.

6. Thereafter, on 22.06.2019, the respondents published the Selected List of successful candidates for appointment to the post of Constable (GD), wherein the petitioner’s name appeared at Serial No. 229. The petitioner was thereafter called for Medical Examination on 22.07.2019, and was declared medically fit. On the same date, the petitioner submitted his Attestation Form, requisite particulars, including information concerning any criminal proceedings, as sought therein.

7. It is not in dispute that the petitioner did not record the FIR details in the Attestation Form, alleging that no charge-sheet had been filed against him.

8. On 20.12.2019, the respondent issued Order No. 2019/Sec(ABE)/RR/3/6 Pt-5, cancelling the petitioner’s selection and appointment to the post of Constable (GD) on the ground of non-disclosure in the Attestation Form. The cancellation order records suppression of material information as the basis for rescission of the petitioner’s candidature.

9. Aggrieved, the petitioner instituted Writ Petition No. 5255 of 2020 before the High Court at Allahabad, challenging the order dated 20.12.2019. By judgment dated 29.07.2021, the Allahabad High Court set aside the said order dated 20.12.2019 and directed the respondents to pass a fresh order after taking into consideration: (i) the final report filed by the investigating officer, and (ii) the principles enunciated by the Supreme Court in Avtar Singh v.