GOVT OF NCT OF DELHI Vs. MANJEET SINGH

JUDGEMENT

(1.) THE order dated 07.03.2012 passed by the Central Administrative Tribunal, Principal Bench, New Delhi, in Original Application No.2687/2011 is under challenge in this Writ Petition which has been filed, inter-alia, on behalf of Government of NCT of Delhi.

(2.) THE facts of the case are that the respondent Manjeet Singh had applied for the post of Constable (Executive) with the Delhi Police in the year 2009. His application form was submitted on 14.11.2009. After he had submitted the said application for the said post a criminal case bearing FIR No.73/2010 dated 06.03.2010 came to be registered at PS Julana, Haryana under Section 302/34 IPC. However, as it was later found that the victim had died due to a heart attack, the offences were converted to Section 323/325/34 IPC. Thereafter the respondent Manjeet Singh furnished his attestation form on 19.05.2010 wherein he did not mention his alleged involvement in the said criminal case. It is the case of the respondent that since no summons were issued to him nor was he ever questioned by the police in connection with the said FIR, he was not at all aware of the criminal case having been registered in which his name figured. It is because of this, that the respondent had not mentioned the alleged involvement in the said criminal case in the attestation form.

(3.) PURSUANT to this, by order dated 26.04.2011 issued by the petitioner, the Show Cause Notice for termination issued on 12.01.2011 was withdrawn on "administrative grounds". Despite the said withdrawal, about two months later, a termination order dated 15.06.2011 was issued whereby the services of the respondent Manjeet Singh were terminated purportedly in exercise of the powers under Rule 5(1) of the said Rules.