GOVT OF NCT OF DELHI Vs. RAJESH KUMAR

JUDGEMENT

(1.) These three petitions raise common issues and are being disposed of by this judgment. The common question is as to whether the services of the respondents could have been terminated after having been appointed as a Constables (Executive) with the Delhi Police merely on the ground that the said persons had not disclosed the fact of their criminal involvements in the application form as well as in the attestation form submitted by them.

(2.) Insofar as the respondent Rajesh Kumar is concerned, he was allegedly involved in FIR No. 138/95 which was registered under Sections 325/323/341 IPC. The said Rajesh Kumar had applied for the post of Constable (Executive) on 22.11.2009 and had submitted the attestation form on 03.05.2010. In neither of these, the said Rajesh Kumar had disclosed that he had been involved in the said FIR. However, it must be noted that prior to the submission of the application form and attestation form, the said Rajesh Kumar had been acquitted, consequent upon the offences having been compounded, by an order dated 14.10.1995.

(3.) Insofar as the respondent Dherender Kumar in concerned, there was an FIR 96/01 under Sections 147/323/504/506 IPC in which he was allegedly involved. However, he stood trial and was acquitted by an order dated 20.07.2009. It is subsequent to this order of acquittal that he applied for the post of Constable (Executive) on 21.11.2009 and submitted the attestation form on 03.05.2010. As in the case of Rajesh Kumar, Dherender Kumar also did not disclose in the application form/attestation form about his previous involvements.