SUNIL CHANDRA Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) The candidature of Sunil Chandra, the applicant herein, for the post of SI (Exe.) Male in Delhi Police, has since been cancelled vide order dated 16.06.2011, for his involvement in a criminal case u/s 394/411/34 IPC pertaining to FIR No.345/99, PS Paschim Vihar, Delhi, in which he was admittedly acquitted on 07.09.2010. It is this order which is under challenge in this Original Application filed by him under Section 19 of the Administrative Tribunals Act, 1985.

(2.) Brief facts of the case culminating into filing of the present OA reveal that the applicant applied for the post of SI (Exe.) Male in Delhi Police during the recruitment held in the year 2009 (Phase -II) against open SC category, and was selected provisionally, subject to verification of character and antecedents etc. The applicant had disclosed while filling in the required forms that a criminal case pertaining to the FIR aforesaid was pending against him. The said case, it is the case of the applicant, was pending for the last ten years, and that the prosecution despite having availed several opportunities had failed to produce the complainant to depose before the court all this while. The applicant, in wake of the facts and circumstances as mentioned above, approached the Honble High Court of Delhi by way of a crl. misc. application, wherein direction came to be issued to the prosecution to produce the complainant soon or close the evidence. The complainant was thereafter produced, but when he appeared before the trial court, he did not support the prosecution version. The applicant was acquitted, but was yet served a show cause notice dated 25.04.2011 as to why his candidature be not cancelled. The applicant responded to the same vide his reply dated 06.05.2011, but the same was not found satisfactory and vide the impugned order dated 16.06.2011 his candidature was cancelled. The appeal preferred by the applicant met with no success, as the same too came to be dismissed vide order dated 25.08.2011.

(3.) Pursuant to notice issued by this Tribunal, the respondents have entered appearance and contested the cause of the applicant. On facts, there is no dispute. The relevant part of the impugned order said to be containing reasons for cancelling the candidature of the applicant, as may emanate from the impugned order, reads as follows: The plea(s) put forth in the reply to Show Cause Notice have been considered in detail and found that the candidate was involved in a serious crime of robbery. He was caught almost red -handed by the efforts of the police and recovery was also effected from him. The Honble has also mentioned the testimony of the Sub -Inspector in the court of law regarding recovery of looted money/documents from the accused persons. However, he was acquitted by the court by giving benefit of doubt, since the main complainant himself turned hostile. This is not an honourable acquittal and there was enough material on record to show that the candidate had played an active role in committing robbery. His involvement in such a heinous crime shows his criminal intent without fear of law of the land and renders him unsuitable for appointment in Delhi Police where the highest standards of discipline are maintained.