SUNIL KUMAR Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) LEARNED counsel for the petitioner relies on the judgment of the Division Bench of this Court in Writ Petition (C) No.12940/2009, titled as Jitender Singh Vs. Government of N.C.T. of Delhi and Others, dated 15th October, 2010. This writ petition was filed by Mr. Jitender Singh who had successfully cleared the examination process for being recruited as a Constable in the Delhi Police but was denied appointment on account of his being accused in some FIRs, although he was acquitted in all of them.

(2.) NOTWITHSTANDING the acquittal, the department had not issued the letter of appointment entailing challenging his non- appointment by Jitender Singh in O.A. No. 2543/06 filed before the Tribunal which was dismissed. Against dismissal of his petition, the Writ Petition (C) No.12940/2009 was filed which was allowed by another Bench of this Court holding that no specific findings had been rendered pertaining to Jitender Singh and under the circumstances, the order in the case of Jitender Singh in his O.A. No. 2543/06 dated 24th April, 2008 was set aside and the OA No. 2543/2006 was restored for afresh adjudication on merits.

(3.) CONSEQUENTLY, the impugned order dated 24th April, 2008 dismissing O.A. No.2579/2006 titled as Sunil Kumar Vs. Govt. of NCT of Delhi is set aside and the matter is remanded to the Tribunal for fresh adjudication on merits and O.A. No.2579/2006 is revived.