COMMISSIONER OF POLICE Vs. RAMANUJ UPADHYAY

JUDGEMENT

(1.) THIS writ petition has been filed, inter alia, by the Commissioner of Police and is directed against the order dated 7th March, 2012 in OA No. 2591/2011.

(2.) THE respondent Ramanuj Upadhyay had applied for the position of Sub Inspector (Exe.) Male with the Delhi Police in Phase-I of the Recruitment conducted in 2009. The said respondent had cleared all the tests. However, subsequent thereto a show cause notice had been issued to him on 25th April, 2011 calling upon him to show cause as to why his candidature for the post of Sub Inspector (Exe.) Male in Delhi Police in Phase-I of the recruitment conducted in the year 2009 should not be cancelled for the reasons mentioned in the show cause notice. Those reasons essentially pertained to his alleged involvement in the criminal case registered under FIR No. 139 dated 13th November, 2003 under Sections 147/148/332/333/341/308 IPC r/w Section 7 of the Criminal Law Amendment Act and Sections 2/3/4 of the Prevention of Damage to Public Property Act. The said FIR was registered at PS Mutthiganj, District Allahabad, UP. It pertained to an agitation by students of Allahabad University where hundreds of students had allegedly gathered and agitated on the issue of reservation and had indulged in rioting and damaging public property.

(3.) THIS procedure, which has been prescribed in the said standing order, had been followed. Subsequently, the respondent was acquitted by the Trial Court in Allahabad by an order dated 21st April, 2010. In the said order, it has been clearly held that the respondent, who was one of the accused in that case, was not involved in the said incident at all. It has been noted that on a careful analysis of evidence and facts and circumstances of the case, it could not be established by the prosecution that the accused, which included the respondent herein, were involved in the alleged acts. Consequently, by virtue of the said order dated 21st April, 2010 all the accused including the respondent Ramanuj Upadhyay were acquitted of all charges.