* IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on: 11.11.2025

Pronounced on: 12.12.2025

+ W.P.(C) 16651/2025 & CM APPL. No.68332/2025

COMMISSIONER OF POLICE AND ANR ….Petitioners

Through: Mr. Ashish K. Dixit, CGSC

with Mr. Umar Hashmi, Mr.Harshit Chitransh and

Ms.Iqra Sheikh, Advs.

versus

VIDUR .…Respondent

Through: Mr. Samarth Luthra, Adv.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

HON'BLE MS. JUSTICE MADHU JAIN

J U D G M E N T

MADHU JAIN, J.

1. This petition has been filed, challenging the Order dated 08.07.2025 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as the ‘Tribunal’) in O.A. No. 426/2019, titled Vidur v. Commissioner of Police and Anr., whereby the learned Tribunal allowed the said O.A. filed by the

respondent herein with the following directions:

“29. Respondents were required to consider all relevant facts. We find they have failed to do so. Hence in view of the above discussion and in the light of the decision of the Hon’ble High Court of Delhi, the impugned orders are quashed and set aside. Respondents are directed to grant appointment to the applicant as Constable (Exe.)w.e.f. the date when others

who had participated in the examination and succeeded were granted appointment. The applicant shall not be entitled to back wages but shall be entitled to all other benefits, including notional fixation of pay from the date when others, who had participated with the applicant and had been appointed as Constable (Exe.), joined the service. The aforesaid action be completed within three months of the date of receipt of the certified copyof this order.”

BRIEF FACTS OF THE CASE:

2. In a nutshell, the background of the case is that the Delhi Police issued an advertisement/notification dated 10.09.2016 through the Staff Selection Commission, inviting applications for recruitment to the post of Constable (Executive), Male and Female, in the Delhi Police.

3. The respondent, belonging to the Other Backward Classes category, applied for the post of Constable (Executive) (Male) in the Delhi Police and successfully cleared the selection process, which comprised the physical and written examinations.

4. Meanwhile, an FIR bearing No. 348/2016 under Sections 148/149/323/506/452 of the Indian Penal Code, 1860 (IPC), was registered at P.S. NIT, Faridabad (Haryana) on 13.10.2016 on the complaint of one Shri Neeraj Kumar against the respondent. The complainant alleged that he and his wife were assaulted and threatened by certain persons, including Dharambir and the respondent, following a roadside altercation.

5. During the investigation, the respondent was arrested on

17.10.2016 along with the co-accused and was subsequently released on bail by the concerned Court. Thereafter, the charge-sheet was filed against the respondent and the co-accused, and charges were framed by the learned Judicial Magistrate First Class, Faridabad. The respondent and all co-accused pleaded not guilty and claimed trial. The criminal case thereafter proceeded before the Court of the learned Judicial Magistrate First Class, Faridabad. After due consideration of the evidence on record, the learned Judicial Magistrate First Class, Faridabad, vide Judgment dated 22.03.2018, acquitted the respondent and all co-accused, as the complainant and the prosecution witnesses did not support the case and turned hostile, resulting in failure of the prosecution to prove the charges.

6. On 28.02.2018, while submitting his Attestation Form, the respondent disclosed his involvement in the said FIR and provided full particulars of the case, thereby making no concealment of facts.

7. Upon verification of antecedents, a Show Cause Notice bearing No. 38675/Rectt.(Const.)/R-IV/NPL dated 03.07.2018 was issued to the respondent by the Deputy Commissioner of Police (Recruitment Cell), calling upon him to explain why his candidature should not be cancelled on account of his involvement in the said criminal case.

8. The respondent submitted a detaile