GOVT OF NCT OF DELHI Vs. PRADEEP HOODA

JUDGEMENT

(1.) The petitioner is aggrieved by the order dated 10.01.2012 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in OA 2458/2011, whereby the respondent's said Original Application had been allowed. The question, once again, for consideration is with regard to the concealment of criminal involvement in the application form as well as in the attestation form submitted by the applicant seeking appointment with the Delhi Police as a Constable (Executive). This issue has been dealt with by the Supreme Court in the case of Commissioner of Police v. Sandeep Kumar, 2011 4 SCC 644. Based on that decision alone the respondent would have a strong case. However, in the present case, the facts are somewhat different inasmuch as the respondent was a juvenile at the time the criminal case was registered in which he was allegedly involved and, this makes the case of the respondent even stronger.

(2.) The respondent had applied for the post of Constable (Executive) with the Delhi Police on 18.11.2009 and he submitted an attestation form on 17.05.2010 in neither of which he disclosed his involvement in FIR 190/2006 which was registered under Sections 398/307/34 IPC and Section 25 of the Arms Act, 1959 at Police Station City Sonipat, Haryana. Because of the fact that he had not mentioned about the criminal involvement, which was subsequently found at the stage of verification, a show cause notice had been issued to the respondent on 04.02.2011 requiring him to show cause as to why his services ought not to be terminated. However, the said show cause notice was withdrawn on 17.06.2011. Subsequently, on 30.06.2011, the services of the respondent were terminated under Rule 5 (1) of the CCS (Temporary Service) Rules, 1965.

(3.) Being aggrieved by such termination, which admittedly was occasioned by the said concealment, the respondent filed the said Original Application which was ultimately allowed by virtue of the impugned order.