DEEPAK KUMAR Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) THE petitioner Deepak Kumar successfully cleared the selection examination for being appointed as a Constable (Ex.) in Delhi Police but found employment evading him because the Screening Committee constituted by the Commissioner of Police considered the circumstances pertaining to he being acquitted at a Sessions Trial No.1280/2007 by the learned Court of Sessions, Ghaziabad for offences punishable under Section 302/506 IPC.

(2.) CHALLENGE to the order dated May 11, 2011 cancelling petitioner's candidature was unsuccessful by the petitioner before the Central Administrative Tribunal. OA No.2158/2011 filed by the petitioner has been dismissed by the Tribunal vide impugned decision dated February 08, 2012.

(3.) THE contention urged by the learned counsel for the petitioner that if a person is acquitted at a criminal trial he has to be treated as an innocent person and no authority can re-looked into the allegations constituting the alleged criminal offence, as has seemingly been propounded by a Division Bench of this Court in the decision dated May 24, 2010 in Jai Prakash's case is based upon a misreading of the law. The decision has copiously extracted observations made by the Supreme Court in the Constitution Bench decision reported as (1972) 3 SCC 717 G.Narayanaswami vs. Pannerselvam which was followed in the decision reported as (2006) 2 SCC 682 Shrikant vs. Vasant Ram & Ors.