Skip to main content

Aspirant can't be barred on mere allegation of an offence: CAT

A mere allegation of involvement in criminal offences cannot deprive a person of opportunity to be recruited in government service, the Central Administrative Tribunal (CAT) has held while setting aside cancellation of candidature of a Delhi police aspirant who was accused of molesting a woman but later acquitted of the charge.

"In our considered view, there is a difference between involvement in offences involving moral turpitude like outraging the modesty of a women and mere allegation to that effect with the motive to deprive a person of his opportunity to be recruited in government service,"a CAT bench, comprising members George Paracken and Shekhar Agarwal, said.

The tribunal quashed the Delhi Police order cancelling the candidature of Vipin Rathi for the post of Constable by relying on his submission that during trial of the criminal case against him, the parties agreed to settle out of court the offences which were compoundable. With regard to the rest of the alleged offences which were non-compoundable, no evidence was adduced.

"We, therefore, quash and set aside the impugned order of December 11, 2012 cancelling the candidature of the applicant (Rathi). We remit the case back to respondents (Delhi police) to place his reply to the show cause notice before the screening committee to consider the same in an independent and dispassionate manner," it said.

The screening committee of Delhi police was of the view that though Rathi was acquitted in the criminal case, he did not disclose the facts about his involvement in the criminal case in the application form and thus, he was provisionally selected subject to verification of his antecedents.

As he had been charged with offences involving moral turpitude, the committee had found him unsuitable, but before his candidature was cancelled he was given a show cause notice to explain his position.

However, his reply to the show cause notice was rejected as 'not convincing' by a Deputy Commissioner of Police, instead of putting it up before the committee, and his candidature was cancelled.

Article referred: https://www.google.co.in/search?q=yeh+mulaqat+ek+bahana&oq=yeh+mula&aqs=chrome.1.57j0l3.4051j0&sourceid=chrome&ie=UTF-8

Comments

Most viewed this month

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...

Mere Agreement To Sell The Leased Property To Tenant Would Not Terminate Landlord-Tenant Relationship

In CIVIL APPEAL Nos. 1237­1238 OF 2019, Dr. H.K. Sharma vs Shri Ram Lal, the tenant had objected against the eviction suit filed by the landlord, claiming that the landlord-tenant relationship between them had ceased to exist by virtue of an agreement for sale entered between them and that he has already paid some money in advance based on the agreement. The tenant contented as the landlord-tenant relationship did not exist, the landlord cannot evict him. The matter went through various forums and finally landed before the Supreme Court in appeal. The Supreme Court referring to the judgment in Shah Mathuradas Maganlal & Co. vs. Nagappa Shankarappa Malage & Ors., held that in the instant case the lease agreement included no clauses on the fate of the tenancy. A fortiori, the parties did not intend to surrender the tenancy rights despite entering into an agreement of sale of the tenanted property. In other words, if the parties really intended to surrender their tenancy ...

Valuation Report of Jewellery once made is effective for Four Assessment Years

The division Bench of the Delhi High Court in Pr.Commissioner of Wealth Tax vs. Raghu Hari Dalmia held that a valuation report made by a registered valuer once adopted shall be in effect for four assessment years unless an event has occurred whereby the value is increased or decreased. The High Court made it clear that the event of “search” under Section 132 of the Income Tax Act, 1961 cannot compel the assessee to undertake a fresh valuation.