COMMISSIONER OF POLICE Vs. SHANI KUMAR

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 24.01.2012 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in OA 1821/2011. The case pertains to the cancellation of the candidature of the respondent for the post of Constable (Executive) with the Delhi Police. The respondent had applied for the said post during the recruitments which took place in the year 2009. Both, in his application form as well as the attestation form, the respondent had clearly disclosed the pendency of a criminal case against him arising out of FIR No.114/2007 under Sections 307/504/506 IPC registered at P.S. Babri, District Muzaffar Nagar, U.P.

(2.) THE respondent was selected for the post on the basis of tests which were conducted. However, the said selection was provisional and was subject to verification. It was subsequently found that the respondent had been acquitted by the concerned trial court by virtue of an order dated 14.05.2010 after giving the respondent the benefit of doubt. However, despite the said acquittal, a show cause notice was issued to the respondent by the petitioners on 03.03.2011 calling upon the respondent to show cause as to why his candidature for the post of Constable (Executive) in Delhi Police should not be cancelled for the reasons mentioned in the said show cause notice.

(3.) WE feel that once the respondent had been acquitted after examination of all the witnesses, the complaint and all the contents of the FIR could be looked into for the purposes of cancelling the candidature of the respondent. This is not a case of technical acquittal in the sense that witnesses had not coming forward where the material witnesses had died etc. Hence, there was an acquittal after a full-fledged trial. The prosecution had failed to prove its case beyond reasonable doubt.