Central Administrative Tribunal - Delhi
Mr. Vikram Bainsla vs The Commissioner Of Police on 7 March, 2014
Central Administrative Tribunal Principal Bench, New Delhi O.A.No.136/2014 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. Vikram Bainsla Aged around 22 years s/o Mr. Narender Bainsla r/o Gram Baroli, Distt. Palwal Haryana .. Applicant (By Advocate: Mr. Harpreet Singh) Versus 1. The Commissioner of Police Police Headquarters MSO Building, ITO New Delhi-2 2. The Additional Deputy Commissioner of Police (Establishment), Delhi MSO Building, ITO, New Delhi-2 ..Respondents (By Advocate: Mr. Vijay Pandita) O R D E R
Mr. A.K. Bhardwaj:
Initially the Original Application was joined by Mr. Umesh s/o Mr. Amar Pal along with present applicant. However, after the rejection of the M.A. No.145/2014 filed by the applicants for joining together in the same Original Application, Mr. Umesh filed separate Original Application, i.e., O.A. No.455/2014.
2. As has been made clean breast of in the counter reply filed on behalf of the respondents, an Advertisement to fill up 1045 vacancies (un-reserved-523, OBC-284, SC-159 and ST-79) for the post of Temporary Constable (Executive) Male in Delhi Police was published in the leading Newspaper dated 8.1.2013 and in the Employment News dated 26th January 1st February 2013. In response to the said Advertisement, the applicant submitted his online application dated 12.2.2013 vide Registration No.272338. The application form in respect of the applicant was rejected on the ground he had mentioned his date of enlistment in the Department as 20.10.1982 while his actual date of birth is 27.3.1992. The Physical Endurance & Measurement Test (PE&MT) for the post in question was held at PTS, Wazirabad, Delhi from 3.10.2013 to 29.10.2013. Being not allowed to participate in the PE&MT, the applicant filed the present Original Application wherein this Tribunal passed the interim order dated 3.3.2014 directing the respondents to allow him to participate in the selection process. In implementation of the said order, applicant was allowed to take PE&MT vide No.1204054 on 10.2.2014 at Ground No.5, PTS, Wazirabad, Delhi and he cleared the test. As a result, he has been allowed to participate in the written examination to be held on 8.3.2014 and issued admit card in this regard.
3. We heard the learned counsels for the parties and perused the records.
4. We find from the reply filed by the respondents that the applicant had submitted an application on 1.10.2013 to them mentioning therein that he had erroneously put tick mark against departmental candidate. It is not the case of the respondents that the applicant in fact is a departmental candidate and was enlisted in Delhi Police on 20.10.1982. As can be seen from the photocopy of the application form (Annexure A-2), the applicant, Mr. Vikram Bainsla is a son of Delhi Police personnel and his date of birth is 27.3.1992. Being son of Delhi Police personnel, he could mistake himself as departmental candidate, thus could put the wrong particular in the application form. The relevant column of the application form is extracted hereinbelow:-
Son of Delhi Police Personnel Date of Enlistment Departmental Candidate (Delhi Police) 20-10-1982
5. Merely because the applicant could tick certain columns under confusion and make mistaken entries in the application form, which is not made with willful or deliberate intention to gain some undue benefits, he cannot be denied opportunity to participate in the selection process. In his application, referred to by the respondents, the applicant has categorically stated that he could tick the column departmental candidate only by mistake and he is a son of Delhi Police personnel. For easy reference, the English translation of his application, placed on record by him at page 20 of the paper book, is extracted hereinbelow:
That the under signed had filled the form for the recruitment of Temporary Constable (EXE) Male-2013. During the filling the same in the computer, the under signed had wrongly marked both the options of Son of Delhi Police Personnel and Departmental Candidate (Delhi Police) due to which no call for physical test was intimated to me. Therefore, it is my humble request that this application should be considered and intimation for the physical test may be given.
6. Taking a holistic view, we dispose of the present Original Application with direction to the respondents to consider the candidature of the applicant for the post of Temporary Constable (Executive) Male, subject to fulfillment of other required conditions, as per rules and procedure. No costs.
( A. K. Bhardwaj ) ( Sudhir Kumar ) Member (J) Member (A) /sunil/