COMMISSIONER OF POLICE Vs. LALIT KUMAR

JUDGEMENT

(1.) ALLOWED subject to all just exceptions. The present petition assails the order dated 07.03.2012 in O.A. No.1839/2011 delivered by the Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as the Tribunal). By way of the impugned order the Tribunal has quashed the order dated 11.04.2011 issued by the petitioner herein (Delhi Police) whereby the candidature of the respondent to the post of Constable (Executive) Male in Delhi Police was cancelled. The facts giving rise to the present petition are as follows:-

(2.) BEFORE us, the learned counsel for the petitioner has urged that the appointment was to be made for the post of Constables in Delhi Police and, therefore, only those candidates who possess an impeccable character could be recruited for the said post.

(3.) THE respondent as well as all the other accused persons were acquitted of the criminal charges by the Trial Court vide judgment dated 19.02.2007. The primary reason which resulted in acquittal of the respondent was the fact that all the witnesses produced by the prosecution did not support the story put forth by the prosecution. Consequently, the respondent was acquitted of all the charges. Here it is observed that the acquittal by the Trial Court cannot be said to be acquittal on technical grounds as the same was pronounced after conducting a full-fledged trial and after examination of all the witnesses produced by the prosecution.