GOVT OF NCT OF DELHI Vs. ROBIN SINGH

JUDGEMENT

(1.) Pendency of a criminal proceeding or for that matter a conviction by a competent court of law may justify eyebrows being raised but do they justify the shutting of ones eyes? Is the question which we need to decide in the instant writ petition.

(2.) Would the pendency of a criminal proceeding or a conviction or for that matter a criminal proceeding which has already terminated either in conviction or an acquittal be a justified ground to dismiss a Government servant from service or deny entry into Government service is a facet of the question which we need to answer. It may be highlighted that in the instant case the respondent, when aged 19 years, was accused of committing offences punishable under Section 323/504/506 IPC and was acquitted. This is the solitary brush he had with penal law and that too at the young and immature age of 19 years.

(3.) In response to an advertisement inviting applications to fill up the post of Sub-Inspector (Executive), the respondent submitted his application on 10.11.2007 and was called to participate in the selection process. He was meritorious and found his name in the select list. The respondent was intimated of his provisional selection with a rider that the same was subject to his being declared medically fit and his character and antecedents verified, for which the respondent was required to fill up and submit an attestation form which incorporated a warning:-