NEERAJ KUMAR Vs. DELHI POLICE

JUDGEMENT

(1.) C.M. Appl. No. 4188/2015 (Exemption) Exemption allowed subject to just exceptions. Application stands disposed of. W.P. (C) No. 2333/2015 & CM. Appl. No. 4187/2015

(2.) We would now turn to the facts of the case for better comprehension:-

(3.) Assailing the legality and correctness of the impugned order dated 21.07.2014 passed by the learned Tribunal, Mr. Rabin Majumdar, learned counsel for the petitioner submits that the petitioner has been truthful in apprising the respondents about the criminal cases registered against him and also the fact of his honourable acquittal from the criminal case registered against him vide FIR No. 147/2010 but, nevertheless the respondents cancelled the candidature of the petitioner. Learned counsel for the petitioner further argued that in the later FIR registered against the petitioner, viz., FIR No. 509/2012 the petitioner's name was not mentioned in the FIR and in the Challan dated 8.1.2013 filed in the Court, yet the respondent Department issued a show cause notice dated 11.3.2013 to the petitioner asking as to why his candidature should not be cancelled. Learned counsel for the petitioner further argued that the respondent department has already taken a decision to keep the petitioner's appointment in abeyance pending final outcome of the decision in the FIR No. 509/2012 but however referred the matter to the Screening Committee and on the advice of the Screening Committee, decided to cancel his candidature. Contention raised by counsel for the petitioner is that the respondent department at least should have awaited the outcome of the said FIR No. 509/2012, without doing so; it deprived the petitioner of his legitimate right to seek appointment to the post of Constable (Exe) on his selection as per his own merits. Counsel also argued that the respondents have failed to appreciate the detailed reply sent by the petitioner to the show cause notice dated 11.03.2013 and in a most arbitrary and illegal manner took a decision to cancel his candidature. Counsel also argued that the learned Tribunal has also not appreciated the facts of the case in its proper perspective and also the established principles of law laid down by the Hon'ble Supreme Court and by various other High Courts holding the field on the subject matter.