SUNIL KUMAR Vs. GOVT. OF NCT OF DELHI THROUGH COMMISSIONER OF POLICE, POLICE HEAD QUARTERS, IP ESTATE, NEW DELHI

JUDGEMENT

(1.) This Application assails show -cause notice (for short SCN) dated 14.3.2011 and order dated 11.4.2011 with regard to cancellation of the applicants candidature for the post of Constable (Executive) Male (in short C(E)M) and seeks directions to the respondents to issue letter of appointment to the applicant for the said post with all consequential benefits.

(2.) The applicant successfully cleared the selection process and was provisionally selected as C(E)M in Delhi Police during the recruitment process in the year 2009 but appointment was deferred pending character and antecedents verification. The applicant has already revealed in his application form his involvement in the criminal case being FIR No.118/2009 under Section 363/366 IPC in which he has been acquitted vide judgment dated 9.11.2009. The judgment reveals that the applicant was charged under Section 363/366 IPC along with one Arvind Kumar charged under Section 363/366/376 IPC on the complaint of one Shri Suva Lal S/o Shri Ram Karan that on 21.7.2009 at 8/8.30 P.M. her daughter Mintu aged 15 years had gone to ease along with her elder sister Lali. Four or five boys came on three motor cycles and put the girl Mintu on motor cycle forcibly. Lali Identified one of the accused as Ravinder S/o Billu Ahir. Later on, Mintu gave her statement under Section 164 Cr.P.C. stating therein that the applicant herein along with Arvind Kumar forcibly took her and raped. During the trial of the case, PWs, more particularly, the complainant and his victim daughter resiled from their earlier statements and turned hostile. In the result, the accused including the applicant were acquitted due to lack of evidence. The applicants case was referred to the Screening Committee for consideration in the light of the attending circumstances which led to the commission of offence, its nature, the grounds of acquittal, role of candidate and the courts judgment to advise upon the applicants suitability for appointment in Delhi Police. The applicants case was not recommended by the Screening Committee, as in the opinion of the said Committee, the conduct of the applicant shows that he has no regard for law and fearlessly indulged in a shameful act, in view of which he was not found suitable for appointment in the disciplined force like Delhi Police. As per the directions issued vide PHQs UO Note dated 9.2.2011 in this regard, the applicant was issued a show -cause notice on 14.3.2011 proposing cancellation of the applicants candidature for appointment to the post of C(E)M for the reasons mentioned therein. He has submitted his reply on 28.3.2011, a copy of which is at Anexure A/3. The reply did not find favour with the respondents. Accordingly, the candidature of the applicant was cancelled vide order dated 11.5.2011 holding that he has not been found suitable for appointment to the post of C(E)M in Delhi Police upon consideration of the entire material on record and observations of the Screening Committee and contents of FIR and the role attributed to the candidate, the applicant herein.

(3.) The question that arises for consideration is whether the show cause notice is sustainable or, to put in other way, whether the applicant is entitled for appointment and serve Delhi Police as a C(E)M?