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TMI Blog2013 (7) TMI 1170X X X X Extracts X X X X X X X X Extracts X X X X ..... this Court has stayed the orders impugned in both the appeals. 3. The facts relating to the appeal against Respondent-Mehar Singh could be shortly stated. 4. FIR No. 126/04 was registered against Respondent-Mehar Singh and Ors. Under Sections 143, 341, 323 and 427 of the Indian Penal Code ( the Indian Penal Code ) upon a complaint received from Ramji Lal S/o. Mamraj Saini r/o. Khetri - the owner of Bus No. RJ-18P 0493. The substance of the complaint was that when the bus reached the bus stand of village Raipur on 15/5/2004 at about 3.15 p.m., Respondent-Mehar Singh along with others armed with iron chain, lathi, belts, danda, stones etc. Stopped the bus on the road and rebuked the conductor of the bus as to how he dared to take the fare from one of his associates. Sanjay Singh, Basant, Udai Bhan, Rajesh, Sandeep, Jagmal, Suresh and Karan Singh intervened and tried to save the conductor of the bus. During intervention, Sanjay and Basant suffered injuries on their back, eyes and ears. All the accused broke the side window panes of the bus by throwing stones and by giving blows with lathis/dandas. When the other passengers intervened, the accused fled the spot. The complainant a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ainant due to local issues and to avoid prolonged proceedings, the issue was settled between him and the complainant and the trial court had acquitted him. The Screening Committee did not find his reply to be convincing. In his order dated 22/3/2011, the Deputy Commissioner of Police (Recruitment), New Delhi stated that the Screening Committee has, inter alia, observed that the actions of Respondent-Mehar Singh depicted his violent nature and that he had no respect for the law of the land and on considering the totality of the circumstances, the Screening Committee held that he was not suitable for appointment to the post of constable. By the said letter, candidature of Respondent-Mehar Singh was cancelled. 8. On 22/4/2011, Respondent-Mehar Singh filed O.A. No. 1819 of 2011 before the Central Administrative Tribunal (for short the Tribunal ), Principal Bench, New Delhi challenging the order of the Screening Committee. The Tribunal by its order dated 7/3/2012 allowed his application. The Tribunal set aside order dated 22/03/2011 cancelling the candidature of Mehar Singh. The Tribunal referred to a couple of cases in which persons charged Under Section 307 of the Indian Penal Cod ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt-Shani Kumar be offered appointment to the said post as expeditiously as possible. Being aggrieved by the Tribunal's order, the Appellants filed writ petition before the Delhi High Court. The High Court dismissed the Appellants' writ petition. Hence, this appeal by special leave. 12. We have heard Mr. Rakesh Kumar Khanna, learned Additional Solicitor General appearing on behalf of the Appellants and Mr. Ajesh Luthra, learned Counsel appearing on behalf of the Respondents. We have perused the written submissions filed by the Appellants as well as by the Respondents in both the appeals. 13. Mr. Rakesh Kumar Khanna, learned Additional Solicitor General, submitted that the employment in Delhi Police is of a very sensitive nature. Therefore, the character, integrity and antecedents of a candidate aspiring to join it, assume importance. Keeping this in mind, the Commissioner of Police issued a Standing Order No. 398/2010 dated 23/11/2010 laying down a uniform policy for deciding cases of candidates provisionally selected in Delhi Police involved in criminal cases (facing trial or acquitted). A Screening Committee has been constituted for that purpose. Taking an overall vi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... here is no concealment. Counsel submitted that, many a time, due to personal enmity and political reasons, people are falsely implicated in criminal cases. Very often, criminal cases end in acquittal or are compounded. Compounding or acquittal of a criminal case should, therefore, not act as an obstacle to a person being appointed to any post. Counsel submitted that an order of acquittal is always honourable. An acquittal is an acquittal for all purposes. Relying on Ghurey Lal v. State of U.P. JT 2008 (10) SC 324, counsel submitted that a person is innocent unless proved otherwise. Administrative authorities cannot adjudicate the suitability of a selected candidate in this manner. Quasi judicial authorities cannot overreach the judgments delivered by a competent court of law. Counsel submitted that Lok Adalats have been created under the provisions of the Legal Services Authorities Act, 1987 to encourage compromises. If a selectee is to be denied appointment by adjudging him unsuitable because the criminal case against him has ended into acquittal only because of compromise, then, it will defeat the object of the said Act. Counsel submitted that the present case is different from c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ession of facts it is not necessary for us to defer the judgment of this case till the reference is answered by a larger Bench. 16. The question before this Court is whether the candidature of the Respondents who had made a clean breast of their involvement in a criminal case by mentioning this fact in their application/attestation form while applying for a post of constable in Delhi Police; who were provisionally selected subject to verification of their antecedents and who were subsequently acquitted/discharged in the criminal case, could be cancelled by the Screening Committee of the Delhi Police on the ground that they are not found suitable for appointment to the post of constable. 17. We must first deal with the submission that under the Delhi Police Rules, past involvement of a person in a criminal case is not a disqualification for appointment. It is true that Rule 6 thereof which provides for grounds for ineligibility, criminal antecedents of a person is not mentioned as a ground for ineligibility. But, to conclude from this that instances of moral turpitude, however grave, could be overlooked because they do not find mention in Rule 6, would be absurd. In any case, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... us offences or moral turpitude, though later acquitted or acquitted by extending benefit of doubt or the witnesses have turned hostile due to fear of reprisal by the accused person, he/she will generally not be considered suitable for government service. However, all such cases will be judged by the Screening Committee of PHQ to Assess their suitability for the government job. The details of criminal cases which involve moral turpitude may kindly be perused at Annexure 'A'. 7) Such cases in which a candidate had faced trial in any criminal case which does not fall in the category of moral turpitude and is subsequently acquitted by the court and he/she discloses about the same in both application form as well as attestation form will be judged by the Screening Committee to decide about his/her suitability for the government job. 8) xxx xxx xxx 9). If any candidate is discharged by extending the benefit of Probation of Offenders Act, 1958 this will also not be viewed adversely by the department for his/her suitability for government service. 10). If a candidate was involved in a criminal case which was withdrawn by the State Government, he/she will generally be co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y are acquitted or discharged if it feels that the acquittal or discharge is on technical grounds or not honourable. The Screening Committee will be within its rights to cancel the candidature of a candidate if it finds that the acquittal is based on some serious flaw in the conduct of the prosecution case or is the result of material witnesses turning hostile. It is only experienced officers of the Screening Committee who will be able to judge whether the acquitted or discharged candidate is likely to revert to similar activities in future with more strength and vigour, if appointed, to the post in a police force. The Screening Committee will have to consider the nature and extent of such person's involvement in the crime and his propensity of becoming a cause for worsening the law and order situation rather than maintaining it. In our opinion, this policy framed by the Delhi Police does not merit any interference from this Court as its object appears to be to ensure that only persons with impeccable character enter the police force. 20. We find no substance in the contention that by cancelling the Respondents' candidature, the Screening Committee has overreached the ju ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pression 'honourably acquitted'. This Court expressed that when the accused is acquitted after full consideration of prosecution case and the prosecution miserably fails to prove the charges leveled against the accused, it can possibly be said that the accused was honourably acquitted. In light of above, we are of the opinion that since the purpose of departmental proceedings is to keep persons, who are guilty of serious misconduct or dereliction of duty or who are guilty of grave cases of moral turpitude, out of the department, if found necessary, because they pollute the department, surely the above principles will apply with more vigour at the point of entry of a person in the police department i.e. At the time of recruitment. If it is found by the Screening Committee that the person against whom a serious case involving moral turpitude is registered is discharged on technical grounds or is acquitted of the same charge but the acquittal is not honourable, the Screening Committee would be entitled to cancel his candidature. Stricter norms need to be applied while appointing persons in a disciplinary force because public interest is involved in it. 22. Against the ab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the police force, acquittal order based on benefit of doubt in a serious case of this nature is bound to act as an impediment. 24. In this connection, we may usefully refer to Sushil Kumar. In that case, the Respondent therein had appeared for recruitment as a constable in Delhi Police Services. He was selected provisionally, but, his selection was subject to verification of character and antecedents by the local police. On verification, it was found that his antecedents were such that his appointment to the post of constable was not found desirable. Accordingly, his name was rejected. He approached the Tribunal. The Tribunal allowed the application on the ground that since the Respondent had been discharged and/or acquitted of the offence punishable Under Section 304, Section 324 read with Section 34 and Section 324 of the Indian Penal Code, he cannot be denied the right of appointment to the post under the State. This Court disapproved of the Tribunal's view. It was observed that verification of the character and antecedents is one of the important criteria to test whether the selected candidate is suitable to the post under the State. This Court observed that though the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dature of the Respondent and the rejection of his representation. Aggrieved by this, the Commissioner of Police approached this Court. This Court confirmed the Tribunal's order basically on the ground that the order of cancellation dated 20/11/1995 did not show that the information furnished by the Respondent vide his letter dated 15/11/1995 was communicated to the Commissioner of Police. There was no indication in the record that the competent authority had a look at the letter. Therefore, the cancellation of candidature was without any proper application of mind and without taking into consideration all relevant materials. The Tribunal's order was upheld on the ground of non-application of mind by the Commissioner of Police to a vital fact. Besides, this Court also noted that pursuant to the Tribunal's order the Respondent therein was already reinstated. This decision will have no application to the present case. Reliance on Ghurey Lal is also misplaced. There can be no debate over the observation made by this Court in that case that an accused is presumed to be innocent till proved guilty. These observations were made while dealing with a reversal of acquittal by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... law and order and public order in the society. People repose great faith and confidence in it. It must be worthy of that confidence. A candidate wishing to join the police force must be a person of utmost rectitude. He must have impeccable character and integrity. A person having criminal antecedents will not fit in this category. Even if he is acquitted or discharged in the criminal case, that acquittal or discharge order will have to be examined to see whether he has been completely exonerated in the case because even a possibility of his taking to the life of crimes poses a threat to the discipline of the police force. The Standing Order, therefore, has entrusted the task of taking decisions in these matters to the Screening Committee. The decision of the Screening Committee must be taken as final unless it is mala fide. In recent times, the image of the police force is tarnished. Instances of police personnel behaving in a wayward manner by misusing power are in public domain and are a matter of concern. The reputation of the police force has taken a beating. In such a situation, we would not like to dilute the importance and efficacy of a mechanism like the Screening Committe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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