New Delhi: Delhi Police has been asked by
the Central Administrative Tribunal (CAT) to review its order
against appointing a Haryana youth as a constable on the ground
that he failed to intimate it that he stood trial in a petty
criminal case but had been acquitted honourably.
"The ends of justice would be met by remitting the
case back to (Delhi Police) for its review as the applicant
had not suppressed the information intentionally", said CAT`s
principal bench, referring the applicant Manoj Kumar`s case to
the city police.
Manoj had applied for the post of Constable (Driver)
in the Delhi Police on November 20, 2007. Having cleared the
written test and the interview, he was declared "provisionally
selected" subject to verification of his character,
antecedents, medical fitness and final checking of documents.
The verification report dated November 11, 2008 showed
that Manoj was acquitted in a criminal case in Haryana but had
not disclosed the same in his application and attestation form
which expressly sought such details.
Back in year 2000, Manoj was acquitted on merit in a
case of wrongfully restraining and voluntarily causing hurt
to a person.
The applicant contended there was no deliberate
concealment but a bonafide misunderstanding as the case in
which he had been involved had been decided seven years ago,
with his honourable acquittal.
The CAT directed review of Manoj`s candidature for the
post, noting a 2010 ruling of the Delhi High Court, which said
that a person should be barred from public employment only on
his conviction in grave and serious offences.
The CAT also asked the city police chief to examine
Manoj`s candidature as police constable as per various
attributes that high court had listed in one of its rulings
for a police personnel.
The attributes for being a police personnel, as listed
by the high court included "physical strength and fitness,
emotional maturity and ability to remain calm in emotionally
charged situations, ability to exercise initiative in their
work, good moral character and integrity, ability to carry a
great deal of responsibility in handling difficult situations
alone, besides dependability and good judgement."