Central Administrative Tribunal - Delhi
Shri Ajay Kumar vs Union Of India on 23 February, 2011
Central Administrative Tribunal Principal Bench OA No.773/2011 New Delhi, this the 23rd day of February, 2011 Honble Dr. Ramesh Chandra Panda, Member (A) Honble Dr. Dharam Paul Sharma, Member (J) Shri Ajay Kumar S/o Shri Dalip Singh R/o Village Mandauti, PO-mandauti, Tehsil-Jhajjar, District Bahadurgarh, Haryana 124056. Applicant. (By Advocate : Shri Sachin Chauhan) Versus 1. Union of India Through the Chief Secretary Govt. of NCTD, Nava Sachivalaya IP Estate, New Delhi. 2. The Commissioner of Police Police Headquarters, I. P. Estate, M.S.O. Building, New Delhi. 3. Govt. of NCTD Through its Secretary Ministry of Home 214-B, North District, New Delhi. 4. The Dy. Commissioner of Police 4th Bn. DAP, Through Commissioner of Police, Police Headquarters, I. P. Estate, M.S.O. Building, New Delhi. . Respondents. : O R D E R (ORAL) : Dr. Ramesh Chandra Panda, Member (A) :
We heard today Shri Sachin Chauhan, learned counsel for the Applicant at the admission stage.
2. Facts of the case would reveal from the OA that Shri Ajay Kumar, the Applicant herein applied to the post of Constable (Executive) Male in Delhi Police during the recruitment held in the year 2006 and was selected provisionally with a Roll No.451671 subject to medical fitness, verification of character and antecedents and checking of the documents. It transpired that on verification of the character and antecedents, the Respondents came to know that a criminal case with FIR No.259/2002 under Section 498A/406/506 of IPC in Police Station Sadar Bahadurgarh (Haryana) was registered against him. The said criminal case was decided on 15.05.2004 by acquitting the Applicant. It is the case of the Applicant that though he was acquitted and has informed in his Application Form dated 27.03.2006 and Attestation Form dated 14.12.2006 but on the basis of an anonymous complaint received in the office of Commissioner of Police Delhi that the Applicant did not initially mention about his involvement in the said criminal case in his Application Form but later on the same was rectified with the help of some of the person. Therefore, the Respondents got the matter enquired into and a criminal case with FIR No.511/07 dated 8.11.2007 under Section 420 of IPC was registered against the Applicant. In this background of the case, the Applicant was issued a Show Cause Notice (Annexure-A1) to respond as to why his candidature from the post of Constable (Executive) in Delhi Police should not be cancelled. This was issued on 14.12.2007. He submitted his reply which is available at Annexure-A6 of the Paper Book. As no decision has been taken by the Respondents, the Applicant is before this Tribunal in the present OA.
3. Shri Sachin Chauhan, learned Counsel for the Applicant, highlighting the background of the case submitted that the Applicants reply to Show Cause Notice dated 14.12.2007 has been pending from very long time and this has prejudiced him as he has not yet been given any appointment in Delhi Police, in spite of the fact that he was selected for the said post. He, therefore, submits that a direction to the Respondents to consider the reply and take decision thereon within a specified period would satisfy the Applicant.
4. It is noted that as this is a simple order of disposal, no prejudice would be caused to the Respondents by not issuing any notice to them.
5. In view of the facts of the case and contentions raised by the Counsel for the Applicant and without going into the merits of the case, we are disposing of this Original Application at the admission stage with directions to the Respondent-Competent Authority to take decision on the Show Cause Notice dated 14.12.2007 under intimation to the Applicant within a period of one month from the date of receipt of certified copy of this order.
6. The Original Application is disposed of in terms of the above directions. Registry is directed to enclose a copy of the OA along with this order meant for the Respondent No.2 for taking a decision in the matter. No costs.
(Dr. Dharam Paul Sharma) (Dr. Ramesh Chandra Panda) Member (J) Member (A) /pj/