VINAY KUMAR Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) The present petition is filed challenging the order dated 19th November, 2003 passed by the Central Administrative Tribunal, Principal Bench in OA No.1660/2003. The said petition was filed by the writ petitioner praying for quashing of the order dated 30.5.2003 whereby his claim for appointment as Head Constable on compassionate grounds was rejected by the respondent.

(2.) The father of the writ petitioner while serving in Delhi Police died in harness on 20.5.2000. After his death Smt.Chando Devi, the widow made a request for appointment of her son Shri Vinay Kumar, the present petitioner in the Delhi Police on compassionate ground. On receipt of the aforesaid application filed on behalf of the petitioner by his mother, the application was processed along with other cases of the dependents of deceased Delhi Police personnel for consideration by the Screening Committee for appointment in Delhi Police on compassionate grounds. The Screening Committee was headed by the Commissioner of Police, Delhi, which met on 27th April, 2001. The case of the petitioner was approved by the Screening Committee for appointment as Head Constable in Delhi Police on compassionate grounds by giving him relaxation in height and chest. The petitioner was thereafter called for completion of codal formalities such as filling up of Attestation Form and medical papers etc. The petitioner filled up the Attestation / Medical forms on 3.1.2002. On receipt of the Attestation Form, the same was sent to Deputy Commissioner of Police (Special Branch) by letter dated 4.1.2002 for necessary verification. While the same was under process of verification, the petitioner submitted an application mentioning therein that he was involved in a case FIR No.503/98 under Sections 452/394/324/34 IPC, Police Station Gokul Puri, Delhi, which he could not mention in the Attestation Form. It was also stated by him that the case was false and he was acquitted by the court of Shri M.R. Sethi, M.M. Delhi on 1.9.2000.

(3.) On the verification made on the basis of the Attestation From, it also came to light that the petitioner was involved in the aforesaid case and that he was acquitted by the Metropolitan Magistrate. The respondent thereafter examined the case of the petitioner by constituting a Committee to examine a large number of such cases relating to the concealment of facts by the candidates selected for the various posts in Delhi Police. The case of the petitioner was also included with other 22 cases. The said Committee examined all the 23 cases of concealment of facts and their criminal involvements keeping in view the various instructions issued by the Police Headquarter on the subject. While considering the same, the Committee also considered the judgment of the Supreme Court dated 4.10.1996 in Civil Appeal No.13231/1996 titled D.A.D. v. Sushil Kumar. The Committee after considering the case of the petitioner did not find him eligible and deserving to be appointed in the Delhi Police as Head Constable.