COMMISSIONER OF POLICE Vs. RAKESH KUMAR

JUDGEMENT

(1.) THE writ petition is directed against the orders dated 09.01.2012 and 06.03.2012 passed by the Central Administrative Tribunal, Principal Bench, New Delhi, in O.A. No. 798/2011 and R.A. No. 54/2012 respectively. THE respondent (Rakesh Kumar) applied for the post of Constable (Executive) with the Delhi Police for the recruitments which took place in 2009. In the said application, Rakesh Kumar had clearly disclosed that he had been allegedly involved in a case arising out of an FIR No. 93/2008 registered under Section 143/323/341/325 IPC at Police Station Kurhera, District Bharatpur, Rajasthan. He had also disclosed the factum of the pendency of the criminal case. However, despite this, the said Rakesh Kumar was offered appointment and he actually joined service as a Constable.

(2.) SUBSEQUENTLY, a show-cause notice was issued to the said Rakesh Kumar on 19.07.2010 asking him to show-cause as to why his service ought not to be terminated under Rule 5(i) of the CCS (Temporary Service) Rules, 1965. The said Rakesh Kumar submitted his reply on 24.07.2010. The reply was, of course, not accepted by the petitioner and consequently, by an order dated 25.08.2010, the Additional Commissioner of Police : Principal, Police Training College, Jharoda Kalan, New Delhi, terminated the services of Rakesh Kumar in pursuance of the provisions of Rule 5(i) of the CCS (Temporary Service) Rules, 1965 with immediate effect.

(3.) AT this juncture, it would be appropriate to refer to Standing Order No. 371/2009 and, in particular, to clause 2(A)(c) thereof which reads as under:-