VIRENDER SINGH Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) -The petitioner being aggrieved by the judgment and order passed by the learned Central Administrative Tribunal on 21st May, 2004 in OA No. 2749/2003 has filed by the present writ petition in this Court. By the aforesaid order, the Original Application filed by the petitioner was dismissed by the learned Tribunal holding that when the respondents have felt that suppression of material fact regarding his involvement in a criminal case would disentitle him to be appointed in Delhi Police there is no ground to interfere with the aforesaid decision.

(2.) Recruitment of Constable (Driver) in Delhi Police was made by the respondents under Rule 17-A(XX) of the Delhi Police (Appointment and Recruitment) Rules, 1980 read with Standing Order No. 208. In terms of the aforesaid Rule and the policy, applications were invited by the Delhi Police for recruitment of Constable (Driver) in Delhi Police from suitable candidates through advertisement published in Newspapers as well as in the Employment News dated 2nd January, 1999. The closing date of submission of the application form was 18th January, 1999. The petitioner also applied and submitted the application form for the post of Constable (Driver) in Delhi Police. In the said application form, there was a Clause being Column No. 11. The said column in the application form mandates furnishing information as to whether or not the candidate has been arrested/prosecuted/kept under detention or bound down/fined, convicted by a Court of law for any offence of debarred/disqualified by any Public Service Commission from appearing at its examination/selection or debarred from any other educational authority Institution. The application form was in simple Hindi, which also at the top contains a warning to the effect "furnishing of false information or suppression of any factual information in the Application Form would be disqualification and is likely to render candidate unfit for employment."

(3.) Consequently a person desiring to apply for being appointed a Constable (Driver) was required to mention if he is involved in any case in the said application form. The petitioner mentioned in the said column 'nahi' in Hindi (No) after conscious of its implication. The petitioner was put through all the tests required for the post and he was declared provisionally selected subject to satisfactory verification of character and antecedents, etc. His character and antecedents were got verified through DCP/Special Branch, Delhi. As per the verification report he was found to be involved in case FIR No. 24/1990 under Sections 308/34, IPC, Police Station, Najafgarh, Delhi in which he was acquitted on 3.3.1992 by the concerned Court of Shri R.K. Tiwari, Additional Sessions Judge, Delhi. In the attestation form which the petitioner filled up after his provisional selection, he mentioned about the aforesaid criminal case, which was instituted against him to the effect that he has been acquitted in the said case.