Central Administrative Tribunal - Delhi
Vinod Kumar vs Comm. Of Police on 10 March, 2026
1
Item No.38(C-V)
O.A. No.03/2016
Central Administrative Tribunal
Principal Bench, New Delhi
O.A. No.03/2016
Order reserved on : 09.02.2026
Order pronounced on: 10.03.2026
Hon'ble Mr. Chhabilendra Roul, Member (A)
Hon'ble Mr. Rajveer Singh Verma, Member (J)
Vinod Kumar
S/o Mr. Ajit Singh,
R/o H.No. 484/3, Ambedkar Nagar Extn.
Haider Pur, Delhi-88
(aged about 38 years)
(Head Constable)
... Applicant
(By Advocate : Shri Ajesh Luthra)
Versus
1. Commissioner of Police,
PHQ MSO Building,
IP Estate, New Delhi
2. The Deputy Commissioner of Police (Recruitment
Cell),
New Police Lines, Delhi
3. Deputy Commissioner of Police,
Establishment,
PHQ-MSO Building,
IP Estate, New Delhi
4. The Principal,
Police Training College,
Jharoda Kalan,
New Delhi, Delhi 110072 ·
... Respondents
(By Advocate : Shri Thakur Virender Pratap Singh
Digitally signed by
Charak)
RACHNA
RACHNA
KAPOOR
KAPOOR
Date: 2026.03.13
12:43:53+05'30'
2
Item No.38(C-V)
O.A. No.03/2016
ORDER
By Hon'ble Mr. Rajveer Singh Verma, Member (J) :-
The present Original Application has been filed by the applicant, under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief(s) :-
"(i) quash and set aside the impugned order dated 30.12.2015 placed at Annexure A/1 to the extent the applicant's appointment as Sub-Inspector (Exe.) has been deferred by the respondents and direct the respondents to appoint the applicant to the said post.
(ii) award all consequential benefits.
(iii) award costs of the proceedings; and
(vi) any other order/relief/direction(s) which this Hon'ble Tribunal deems appropriate towards advancement of the aforesaid relief(s) may also be passed in · favour of the applicants."
2. The brief facts of the case as narrated by the learned counsel for the applicant are that the applicant participated in the selection process initiated by the Staff Selection Commission for the post of Sub-Inspector (Exe.) in the year 2012 on direct recruitment basis. Since, he was a departmental candidate, while declaring result of selection, his Digitally signed by RACHNA RACHNA KAPOOR KAPOOR Date: 2026.03.13 12:43:53+05'30' 3 Item No.38(C-V) O.A. No.03/2016 name was not declared. Aggrieved, the applicant with others approached the Tribunal in OA No.1812/2013, which was disposed of on 17.09.2014 with a direction to the respondents to redraw the final result. Challenging non-compliance, the applicant and others preferred a Contempt Petition No.686/2014, which was closed on 16.10.2015. The offer of appointment was issued to the candidates to the exclusion of the applicant, who was issued Show Cause Notice on 16.10.2015. The applicant replied to the said Show Cause Notice. The Screening Committee also met on 26.11.2015, however, the case of one similarly person, namely, Chandan Paswan was considered but deferred consideration in respect of the applicant. Subsequently, the applicant approached the Tribunal in OA No.4384/2015, which was disposed of on 02.12.2015. Since the order of the Tribunal in the said OA was not complied with, the applicant preferred a Contempt Petition No.758/2015, pursuant to which, the respondents on 30.12.2025 withdrew the Show Cause Notice, however, the case of the applicant was kept in abeyance till completion of investigation. The impugned order dated 30.12.2025 Digitally signed by reads as under:-
RACHNA
RACHNA KAPOOR KAPOOR Date: 2026.03.13 12:43:53+05'30' 4 Item No.38(C-V) O.A. No.03/2016 "In compliance to the order dated 22.12.2015 passed by the Hon'ble CAT in Contempt Petition No.758/2015 in OA No.4384/2015- Vinod Kumar Vs C.P. Delhi, and as per the directions of PHQ vide memo No.4137/Rectt. Cell (AC-
II)/PHQ dated 29.12.2015, the Show Cause Notice issued to you vide this office memo No.10196/Rectt. Cell (SI)(DA- I)/NPL dated 16.10.2015 is hereby withdrawn. It is also to inform you that your case for appointment as SI (Exe.)- 2012 has been held in abeyance till the completion of investigation of the case FIR No.114/2008 u/s 13/7 POC Act PS Janakpuri, Delhi, filing of charge sheet/challan by the SIT (Crime Branch) before court. In case no chargesheet/challan is filed against you, your case will be referred to the Screening Committee for deciding your suitability for the post as per Standing Order No.398/2010."
3. Learned counsel for the applicant submitted that there is no requirement for a Screening Committee in view of the fact that the applicant has already been exonerated and his name has already been removed from the Secret List of persons with doubtful integrity. Learned counsel for the applicant submitted that the action of the respondents is unwarranted in view of the aforesaid facts and these are all tactics to harass the applicant.
4. In support of his contentions, learned counsel Digitally signed by RACHNA for the applicant relied upon the order of this Tribunal RACHNA KAPOOR KAPOOR Date: 2026.03.13 12:43:53+05'30' 5 Item No.38(C-V) O.A. No.03/2016 in OA No.453/2019 titled Mandeep Kumar Vs. Commissioner of Police & Anr. decided on 21.12.2021.
5. Pursuant to notice, the respondents filed their counter reply opposing the OA. On written disclosure of the applicant on the attestation form regarding registration of FIR No.114/2008, a show cause notice was issued to him on 16.10.2015, to which the applicant submitted his reply. Thereafter his name was removed from the list of secret list of doubtful integrity. According to Standing Order 398/2010, his case was placed before the Screening Committee for examining his suitability for the post on 27.11.2015. The applicant file OA No.4384/2015 and CP No.758/2015, in compliance of which, SCN was withdrawn and the appointment of the applicant was kept in abeyance till the completion of investigation of case FIR. Aggrieved, the applicant filed the present OA. On 12.01.2016, the Tribunal directed the respondents to send the applicant on training. Challenging non compliance of the aforesaid order in OA, the applicant filed CP No.51/2016 in the present OA, pursuant to which, the applicant was issued offer of appointment provisionally on 15.02.2016, subject Digitally signed by RACHNA RACHNA KAPOOR KAPOOR Date: 2026.03.13 12:43:53+05'30' 6 Item No.38(C-V) O.A. No.03/2016 to outcome of instant OA. Learned counsel for the respondents submitted that in case no charge sheet/challan is filed against the applicant, his case will be referred to the Screening Committee for deciding the suitability of the applicant for the post, as per the Standing Order No.398/2010.
6. We have heard the learned counsel for the parties and perused the documents placed on record. Our Analysis
7. Following are the admitted facts :
7.1 The applicant was appointed to the post of Constable (Exe.) in Delhi Police on 08.05.2001. A Writ Petition No.29/2008 titled as Chetan Prakash Vs. The State was filed before the Hon'ble High Court of Delhi for direction to register an FIR against police personnel/officials of Delhi Traffic for their involvement in the alleged corruption and thereafter an FIR No.114/2008 dated 09.04.2008 was registered under Section 7/13 (i)(D)(ii) of the Prevention of Corruption Act, 1988 at P.S. Janakpuri, Delhi against several personnel of Delhi Police including the applicant. After investigation, final conclusion report Digitally signed by RACHNA RACHNA KAPOOR KAPOOR Date: 2026.03.13 was filed before the Court having jurisdiction over the 12:43:53+05'30' 7 Item No.38(C-V) O.A. No.03/2016 matter. As per report dated 14.09.2022 of ACP, Crime Branch, Delhi Police, the applicant has been discharged by the Court.
7.2 On the basis of the said FIR No.114/2008, a disciplinary enquiry was ordered against the applicant vide order No.XVI/2416-33/HAP-T(D-I/HQ) dated 20.03.2009 and name of the applicant was brought on Secret List of doubtful integrity w.e.f. 20.03.2009 vide order No.7137-38/Vig.,CA(AC-II) dated 30.06.2009. However, the applicant was exonerated in disciplinary enquiry with all consequential benefits vide order No.3612-56/HAP(P-II)PCR dated 14.02.2011. The name of applicant was removed from Secret List of doubtful integrity w.e.f. 20.03.2009 i.e. from the date of inception vide order No.9290-
92/Vig./CA/(AC-V) dated 14.06.2012. 7.3 During investigation, Addl. DCP/SIT/Crime has removed the name of 40 police personnel including the name of applicant as they were not found involved in the crime vide memo No.976/SO/Addl DCP/Crime/SIT dated 14.05.2012. The name of the applicant was also removed from the Secret List. Digitally signed by RACHNA RACHNA KAPOOR KAPOOR Date: 2026.03.13 12:43:53+05'30' 8 Item No.38(C-V) O.A. No.03/2016 7.4 The name of applicant was considered for promotion to the post of Head Constable in Delhi Police in the year 2012, however, the recommendations of DPC were kept in a sealed cover due to pendency of criminal investigation in FIR No.114/08 and the pending D.E. Later on, the subsequent developments as mentioned above points that the seal cover was opened and the applicant was granted promotion w.e.f. the due date w.e.f. 20.06.2013.
7.5 In terms of the separate notices, the Staff Selection Commission (SSC) invited applications to fill up 400 and 380 vacancies of Sub Inspectors (Exe.) in Delhi Police in 2012. The applicant also submitted his application and appeared in written examination. The final result of the said examination was declared by SSC on 01.03.2013. Initially, the applicant was not declared selected, as the result of selection did not count such departmental candidates who had obtained higher merit position than the candidates in open category. Feeling aggrieved due to his non selection, the applicant along with others filed an OA No.1812/2013 which was decided in favour of the applicant vide order dated 17.09.2014. The applicant Digitally signed by RACHNA RACHNA KAPOOR KAPOOR Date: 2026.03.13 12:43:53+05'30' 9 Item No.38(C-V) O.A. No.03/2016 filed CP No.686/2014 due to non compliance of order dated 17.09.2014 passed in OA No.1812/2013. 7.6 In compliance of the directions of the orders of this Tribunal, the codal formalities of applicant along with the co-applicants (04) were got completed. The CP No.686/2014 was disposed of vide order dated 16.10.2015. Due to the written disclosure of the applicant in Attestation Form, regarding registration of FIR No.114/2008 under Section 7/13 of the Prevention of Corruption Act at PS Janakpuri, Delhi against him, a Show Cause Notice was issued to the applicant vide No.10196/Rectt. Cell(SI)(DA-I)/NPL dated 16.10.2015. The applicant submitted his reply to the said SCN.
7.7 Thereafter, questioning the said SCN dated 16.10.2015, the applicant filed OA No.4384/2015 and this Tribunal disposed of the same on 02.12.2015 by directing the respondents to pass a final order on the said SCN within a period of one week from the date of the said order. Due to non compliance of the order dated 02.12.2015, the applicant filed CP No.758/2015.
Digitally signed by RACHNA RACHNA KAPOOR KAPOOR Date: 2026.03.13 12:43:53+05'30' 10 Item No.38(C-V) O.A. No.03/2016 7.8 The applicant filed the present OA being aggrieved by the impugned order dated 30.12.2015 which was passed in purported compliance of order dated 22.12.2015 passed by this Tribunal in CP No.758/2015, whereby the respondent have withdrawn the earlier SCN dated 16.10.2015 but the case of the applicant for appointment as SI (Exe.) was kept in abeyance till the completion of investigation of the said FIR No.114/2008.
7.9 After considering the facts that respondents vide order dated 16.05.2012 (Annexure A/11) concluded that applicant has not been involved in the said crime and had excluded the name of applicant from the list of accused of FIR No.114/2008 and after recording the relevant part of letter dated 08.01.2016 i.e. communication received by the learned counsel of the respondents from the respondents and after having the submissions of both the sides, this Tribunal passed an order dated 12.01.2016. The operative part of the said order dated 12.01.2016 is reproduced below :-
"7. In the circumstances and prima facie in view of the Annexure A-11 the name of the applicant has already been deleted RACHNA Digitally signed by RACHNA from the FIR No.114/2008 and since he is KAPOOR KAPOOR Date: 2026.03.13 12:43:53+05'30' 11 Item No.38(C-V) O.A. No.03/2016 losing the training period day after day, we direct the respondents to send the applicant for Sub-Inspector (Exe.) training forthwith, however, the said training and final appointment as Sub-Inspector is subject to the result of this OA."
7.10 After examining the said order dated 12.01.2016 passed in this OA, the respondents vide their order dated 15.02.2016 have provisionally appointed the applicant to the post of SI (Exe.) subject to the condition that in case no charge sheet/challan is filed against him, his case will be referred to the Screening Committee for deciding his suitability for the post as per Standing Order No.398/2010. 7.11 The ingredients and reasons in Standing Order No.398/2010 read with Standing Order No.HRD 12/2022 referred above relate to concealment/suppression of information/false declaration, furnishing forged documents in attestation forum. Further, the aspect of disclosure of involvement/arrest/acquittal/discharge etc. in criminal case is also included therein. 7.12 In the instant case, there is no allegation of concealment as the applicant has himself mentioned Digitally signed by in his attestation form that his name is figuring in the RACHNA RACHNA KAPOOR KAPOOR Date: 2026.03.13 12:43:53+05'30' 12 Item No.38(C-V) O.A. No.03/2016 said FIR No.114/2008 under Section 7/13(i)(D)(ii) of the PoC Act 1988 at PS Janakpuri Delhi. Further, during investigation, the name of applicant was removed from list of accused as he was not found involved in crime vide memo dated 14.05.2012. His name is not figuring in the charge sheet. As no charge sheet was filed against the applicant, thus the question of discharge or acquittal in the instant case does not arise. Further, the disciplinary authority has exonerated the applicant in DE with all consequential benefits vide order No.3612-56/HAP(P-II) PCR dated 14.02.2011. The name of the applicant was removed from Secret List of DI w.e.f. 20.03.2009 i.e. from the date of inception vide order No.9290-92/Vig/CA (AC- V) dated 14.06.2012. The applicant was also promoted to the post of Head Constable after opening the sealed cover w.e.f. 20.06.2013. As none of the ingredients of Standing Order No.398/2010 are present/attracted in the instant case, we found that the condition mentioned in order dated 30.12.2015 (Annexure A/1) of the respondent i.e. "In case no chargesheet/challan is filed against you, your case will be referred to the Screening Committee for deciding Digitally signed by your suitability for the post as per Standing Order RACHNA RACHNA KAPOOR KAPOOR Date: 2026.03.13 12:43:53+05'30' 13 Item No.38(C-V) O.A. No.03/2016 No.398/2010" is unwarranted and is not legally sustainable.
7.13 It is understood that applicant has successfully completed his training and continuously imparting his duties of Sub-Inspector (Exe.) Delhi Police since 2016 i.e. more than 10 years from now. There exists no reason with respondents to refer his case to the Screening Committee to decide his suitability to the post of Sub-Inspector at this belated stage specifically in the facts and circumstance discussed above.
8. In view of the above analysis and for the reasons mentioned above, we set aside the impugned order dated 30.12.2015 and direct the respondents to confirm/regularise the provisional appointment of applicant so given to him in pursuance of order dated 12.01.2016 of this Tribunal in the instant OA with all consequential benefits as accorded to his batch mates. The OA is allowed accordingly.
9. All pending MA, if any, are disposed of. No order as to costs.
(Rajveer Singh Verma) (Chhabilendra Roul)
Member (J) Member (A)
Digitally signed by
RACHNA
KAPOOR
RACHNA
KAPOOR
„rk‟
Date: 2026.03.13
12:43:53+05'30'