Central Administrative Tribunal - Delhi
Kamal Kumar S/O Shri Hari Singh vs The Commissioner Of Police, (Delhi ... on 28 November, 2007
ORDER
V.K. Bali, J. (Chairman)
1. Challenge in the present OA filed under Section 19 of the Administrative Tribunals Act, 1985 is to order dated 15.12.2006 (Annexure A-1) vide which candidature of the applicant for the post of Constable (Driver) in Delhi Police has been cancelled.
2. Brief facts of the case reveal that the applicant sought appointment to the post of Constable (Driver) in Delhi Police during the recruitment held in the year 2005. He cleared all the tests and was declared provisionally selected subject to verification of character and antecedents. On verification of his character and antecedents, it came to light that the applicant was involved in case FIR No. 339/99 under Sections 323, 147 and 392 IPC pertaining to P.S. Kotwali, Jhunjhunu dated 19.09.1999 and was acquitted in the said case. He was involved in yet another case FIR No. 171/2001 under Sections 341 and 323 IPC pertaining to P.S. Kotwali dated 23.05.2001 and was let off with imposition of fine of Rs. 500/-. It is not in dispute that the applicant had not made a mention of these two cases in his application form and it is for this precise reason, he was issued a show-cause notice for canceling his candidature and after receiving a response to the show-cause notice aforesaid, the impugned order dated 15.12.2006 (Annexure A-1) was passed.
3. Learned Counsel representing the applicant contends that the dates of FIRs and decisions in the criminal matters, where the applicant was involved, were not correctly given and further that there was no moral turpitude involved in the cases registered against the applicant. Counsel relied upon a judgment of Hon'ble Supreme Court in the case of Commissioner of Police, Delhi and Anr. v. Dhaval Singh [1999] 1 SCC 246.
4. We have heard learned Counsel representing the applicant and with his assistance examined the records of the case.
5. We do not find any merit in the only contention raised by counsel representing the applicant as noted above. Concealment of material fact like involvement in criminal cases as has been held by us in the case of Narender Kumar v. Govt. of NCT of Delhi and Anr. in OA No. 29/2007 decided on 08.07.2007 would itself be a good ground for canceling the candidature of the applicant. While so holding, we had referred to several decisions of the Tribunal, Delhi High Court and Hon'ble Supreme Court, including Dhaval Singh case (supra).
6. For parity of reasons given in the order dated 08.07.2007 in OA No. 29/2007 in the matter of Narender Kumar v. Govt. of NCT of Delhi and Anr., we dismiss this Application in limine.