COMMISSIONER OF POLICE Vs. MUKESH KUMAR

JUDGEMENT

(1.) Would the pendency of a criminal proceeding or a conviction or for that matter a criminal proceeding which has already terminated either in conviction or an acquittal be a justified ground to deny entry into Government service is a question which has repeatedly been debated before the Central Administrative Tribunal, the Delhi High Court and even the Supreme Court. In spite of a near unanimity of opinion, we find that various Benches of the Central Administrative Tribunal have not understood the correct position in law nor have they understood how law has to be applied to the facts of each case, and thus notwithstanding an exhaustive opinion pronounced by this Court Government of NCT of Delhi & Anr. vs. Robin Singh, 2010 171 DLT 705 since the issue keeps on resurrecting our endeavour therefore, while writing this opinion, would be to lay down principles on which facts of each case have to be applied to the law.

(2.) Since we are concerned in the four captioned petitions with appointment to the post of a Constable (Executive) in the Delhi Police, we highlight that police plays an essential role, of enforcement of law and order, in modern societies. Without an efficient police force a society would become anarchic. To ensure that the police force of a state is efficient the State must ensure that each individual recruited to the police force, at whatever level, must possess the following attributes:-

(3.) Keeping in view the above attributes, which are the minimum required of a person who becomes a member of the police force, it is the duty of the State to carefully screen the candidates on the above attributes.