JAI NARAIN MEENA Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) Under challenge is cancellation of candidature of a provisionally selected candidate for the post of Constable (Driver) in Delhi Police on the basis of a recruitment held in the year 2009. The cancellation has been done on the grounds of unsuitability as revealed from the criminal antecedents of the candidate. The OA has sought quashing the impugned cancellation order dated 3.2.2011 along with the show cause notice dated 16.8.2010 (Annex A/1 and A/2 respectively). Besides, directions for offering appointment to the applicant to the said post with all consequential benefits have been prayed for.

(2.) The character and antecedents verification report received in respect of the applicant had revealed a criminal case FIR No.114/2007 under Sections 279/337/338 IPC and under Section 134/187 MV Act P.S. Kanota, Rajasthan registered on 27.2.2007. The applicant was charge sheeted in the Court of Judicial Magistrate 1st Class, where he had voluntarily pleaded guilty and the offences against him were held as substantiated. By the trial courts order, the applicant was ordered to pay a fine of Rs.1000/ -, 500/ -, 1000/ - and Rs.500/ - for offences under Sections 279, 337, 338 IPC and 134/187 Motor Vehicle Act respectively. In case of default in payment of fine he was to undergo 1 month, 15 days, 1 month and 10 days imprisonment respectively for the offences.

(3.) The fact of the criminal case had been disclosed by the applicant in his Application and the Attestation Forms. On examination of the matter by the Screening Committee constituted for this purpose by the Commissioner of Police, the view taken was that the applicant had been involved in rash and negligent driving of vehicle endangering human lives. Further, as was evident from the FIR and the judgment of the case that the applicant while driving a jeep pickup, had hit an auto rickshaw in which two persons travelling in that rickshaw had suffered serious injuries/fractures. Further, the charges had been substantiated before the trial court. In view of these facts, the view taken by the Screening Committee was that the conduct and attitude of the applicant rendered him unsuitable for appointment as Constable (Driver) in Delhi Police.