SHAILENDRA SINGH Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) The petitioner has impugned the order dated 14th July, 2008 in O.A No.1326/2008 passed by the Central Administrative Tribunal, Principal Bench, New Delhi titled Shailendra Singh v. Commissioner of Police dismissing his petition seeking cancellation of the order no. XII C(110)/2006/R.Cell(R-IV)/4th Bn DAP dated 14th June, 2007, cancelling petitioner's candidature for the post of constable. W.P(C) No.8138/2008 Page 1 of 5 The petitioner had applied for the post of constable pursuant to advertisement published in 2005. Before the petitioner could be appointed as a constable, he intimated that he was involved in a case of murder in FIR No.37/2006 under Section 147/148/149/302/307/452 of the Indian Penal Code. Later on the petitioner was acquitted in the said murder case on account of benefit of doubt given to him, as the material witnesses had turned hostile.

(2.) A show cause notice was given to the petitioner dated 14th June, 2007 seeking his explanation as to why his candidature should not be cancelled. After considering his reply dated 2nd July, 2007 his candidature was cancelled. The respondents while considering his reply to show cause notice before cancellation of his selection to the post of constable, had categorically noted that though the petitioner was acquitted as the witnesses had turned hostile, however, at the time of the incident the petitioner was in possession of `katta' which fact has not been denied.

(3.) The Tribunal while considering the petitioner's petition for quashing the order of cancellation of the candidature of the petitioner had considered the nature of evidence and manner of acquittal which factors were also considered by the respondents while cancelling the W.P(C) No.8138/2008 Page 2 of 5 candidature of the petitioner. Reliance had also been placed while dismissing the petition on the decision of a Coordinate bench of Tribunal and on the decision of the High Court in W.P(C) No.6042/2005.