UNION TERRITORY, CHANDIGARH Vs. PRADEEP KUMAR

JUDGEMENT

(1.) Leave granted.

(2.) The question involved in these appeals is whether the candidature of the respondents who had disclosed their involvement in the criminal cases and also their acquittal could be cancelled by the Screening Committee on the ground that they are not suitable for the post of constable in Chandigarh Police and whether the court can substitute its views for the decision taken by the Screening Committee. Since the facts and issues are almost identical in all these appeals, they were heard together and shall stand disposed of by this common judgment. For convenience, we would deal with the facts in appeal arising out of SLP(C) No. 20750 of 2016

(3.) On 14.03.2010, an advertisement was issued by UT Chandigarh Police through its Deputy Inspector General of Police inviting applications from the candidates to fill up 1200 temporary posts of Constable (Executive) in Chandigarh Police with essential qualification as prescribed in the advertisement with instructions for filling online application form. The recruitment was to be done as per guidelines thereon as well as standing order governing the recruitment of constables. Guideline No.2(A)(a) deals with the circumstances when the candidate does not disclose the factum of his involvement in the attestation form and the same is found subsequently from the verification report. The candidature of such candidates will be cancelled as per aforesaid guideline without making any reference to any Committee for further probe into the conduct of the candidate. In Guideline No.2(A)(b), it is prescribed that if a candidate has disclosed his involvement in some criminal case in the attestation form, then such case will be referred to Screening Committee to assess his suitability for appointment in Chandigarh Police irrespective of the fact that the case is under investigation, trial or resulted in conviction or acquittal.