Central Administrative Tribunal - Delhi
Mr. Shiv Ram vs The Commissioner Of Police on 7 March, 2014
Central Administrative Tribunal Principal Bench, New Delhi O.A.No.761/2014 Order reserved on 5th day of March 2014 Order pronounced on 7th day of March 2014 Honble Mr. Sudhir Kumar, Member (A) Honble Mr. A.K. Bhardwaj, Member (J) Mr. Shiv Ram Aged around 22 years s/o Mr. Ram Niwas r/o Near Police Thananehru Colony Khejrla road, Pipar City Distt. Jodhpur Rajasthan-342601 .. Applicant (By Advocate: Mr. Harpreet Singh) Versus 1. The Commissioner of Police Police Headquarters MSO Building, ITO New Delhi-2 2. The Deputy Commissioner of Police (Establishment), Delhi MSO Building, ITO, New Delhi-2 ..Respondents (By Advocate: Mr. Amit Anand) O R D E R
Mr. A.K. Bhardwaj:
When the present Original Application came up for admission, Mr. Amit Anand, learned panel counsel for Delhi Police, who was present in the Court to put forth his submissions in O.A. Nos.597/2014, 600/2014 and 670/2014, involving the issue of candidature of certain individuals in the same selection. was directed to accept notice in this case and take instructions. Having received verbal instructions from the respondents, he could submit that the applicant had opted Rabindra Sarobar Stadium, Sarat Chatterjee Avenue, Opposite Menaka Cinema Hall, Ballygunge Lake, Kolkata-700029 (WB) for Physical Endurance & Measurement Test (PE&MT) and his admit card had been put on the website of the Delhi Police on 5.9.2013 itself. If he did not download the same, the respondents cannot be blamed.
2. The plea of the applicant in this Original Application is that his residence is 67 kms from Jodhpur City where internet facility is not easily accessible. According to him, the respondents ought to have dispatched the admit card sufficiently in advance, so that he could receive it in time and participate in the PE&MT. The complain of the applicant is that he did not receive the admit card by Post in time, thus deprived of his legitimate right to participate in the selection for the post of Constable (Executive) Male in Delhi Police.
3. We heard the learned counsels for the parties and perused the records.
4. The issue raised in the present Original Application is squarely by the decision of this Tribunal in Sonvir & others v. Commissioner of Police & another (O.A. No.78/2014) decided on 28.2.2014. For easy reference, relevant excerpt of the said order is reproduced as under:-
9. As far as the rival stand of the parties is concerned, we are of the view that once in the Advertisement itself it was specifically provided that the admit cards could be downloaded from the website of the Delhi Police, the applicants should have been diligent in pursuing their candidature and ought to have availed the facility made available by the respondents regarding availability of the admit cards. We do not find sufficient substance in the submission put forth by Mr. Harpreet Singh that the applicants live in distant villages and had no access to internet facility for the simple reason that applicant Nos.5, 6 and 7 could download the admit cards when they live at Bulandsahar and Gautam Budha Nagar, Uttar Pradesh, i.e., the same place to which applicant Nos. 1 to 4 belong. Even otherwise also, an individual who sincerely pursues his candidature for a post is expected to read the Recruitment Notice / Advertisement carefully and follow the instructions mentioned therein. Besides if there was delay in communication of the admit cards to the applicants by the Postal Authorities, the applicants have a cause of action against the Postal Department. Nevertheless, in terms of Section 14 of the Administrative Tribunals Act, 1985 we need to examine not only the irregularity committed by the employer but also need to see the grievance of the individual concerned. There may be a situation that the recruiting department is not at fault but the individuals are deprived of their entitlement by the said department because of the fault or deficiency of a third party. In such a situation when fault lies with the third party but the redressal of the grievance of the individuals lies in the action of the recruiting department, it may not be just and proper to deny the individuals their legitimate due only because the recruiting department / agency, which is in a position to take remedial measure, is not at fault. Further, once the respondents assigned the job of dispatching the admit cards to outside agency and the applicants could receive the same only after the date of PE&MT, it cannot be viewed that they are completely absolved of their responsibility to ensure the communication of the admit cards to the candidates at least before the date of PE&MT.
10. In the facts and circumstances of the case when we are of the view that the applicants ought to have taken steps to download their admit cards from the website of the Delhi Police and the respondents cannot be found fully blameworthy for the delay by the Postal agency in communicating the admit cards, we cannot also ignore the fact that the denial of an opportunity to the applicants to participate in the selection process in a case where they received the admit cards after the PE&MT was over would result in failure of justice.
11. In Haobijom Rita Devi v. Sikkim Manipal University of Health, Medical & Technology Sciences & others, AIR 2007 Sikkim 6, the Honble High Court of Sikkim could take a view that even when the delay in receipt of call letter was due to Postal Department, refusal to exercise jurisdiction to issue direction for admitting the petitioners therein in the counseling would result in failure of justice. Though in the said case the Honble High Court of Sikkim could find that the applicants were not required to give email address, but it could also take a view that the internet facilities are available only to a handful. For easy reference, paragraphs 3.3, 3.6, 11 and 12 of the said judgment are extracted hereinbelow:-
3.3 Pursuant to a notification made for selection of M.B.B.S. Course in the Sikkim Manipal Institute of Medical Sciences (hereinafter referred to SMIMS) she applied for the Combined Entrance Test Examination complying with the formalities along with her Telephone Number for future communication xx xx xx xx 3.6 The Speed Post Envelope containing the Call Letter took 8 days to reach her. Naturally, therefore, she could not attend her counselling for which she cannot be faulted. This has put her academic career in serious jeopardy.
xx xx xx xx
11. It is not the case of the Respondents I that the applicants were also asked to provide their E-mail Address. The Petitioner has disclosed her Telephone Number on her application. Ours a poor country and Internet facilities arc only available to a handful. Admittedly the letter was dispatched on August 18, 2006, two days after its signing, which was received two days alter 23.8.2006, the date fixed for the personal appearance of the Petitioner for her counselling. The Peon/Postal Department was at best the agent of the Respondents and not of the Petitioner. The Petitioner was never Informed of this day earlier. We are of, thus, a firm view that the Respondents cannot penalize the Petitioner for their failure in not giving a reasonable time for her appearance on the date fixed.
12. There will be also failure of justice, if we refuse to exercise our Jurisdiction.
12. Also in Nem Chand v. The Commissioner of Police & another (O.A. No.2649/2013) decided on 18.9.2013, this Tribunal has issued the following the directions:
3. In the circumstances, respondent No.2 is directed to depute a responsible officer to verify from the concerned post office the factual position regarding delivery of the communication dated 28.06.2013 to applicant. In case the postal authorities are unable to authenticate delivery of said letter dated 11.07.2013, a separate trade test would be conducted for him. Needful shall be done within a period of 8 weeks from the date of receipt of a copy of this order. It is made clear that the participation of the applicant in the trade test would not create any right or equity in his favour. His candidature for appointment o the post in question would remain subject to other formalities required as per rules/procedure and practice, including the verification of genuineness of the driving licence.
13. Though the PE&MT is over but since the selection process is not yet over and the written examination is yet to be held, the Original Application is disposed of with direction to the respondents to allow the applicants to participate in the selection process for which written examination is scheduled on 8.3.2014, if otherwise eligible. It would be for the respondents to fix an appropriate date for PE&MT of applicants. No costs.
5. In view of the above, we dispose of the present Original Application with direction to the respondents to consider the candidature of applicant for the post of Temporary Constable (Executive) Male in Delhi Police, subject to fulfillment of other required conditions, as per rules and procedure. No costs.
( A. K. Bhardwaj ) ( Sudhir Kumar ) Member (J) Member (A) /sunil/