Mere criminal case no bar in police services: CAT
The Central Administrative Tribunal has said that a person cannot be denied entry into police service merely because he had faced a criminal case.
New Delhi: The Central Administrative
Tribunal has said that a person cannot be denied entry into
police service merely because he had faced a criminal case.
"It cannot be laid down as a proposition of law
that a person would be undesirable for induction in the
service force merely because of his involvement in a criminal
case in which he subsequently came to be acquitted," a bench
of Justice Dharam Paul Sharma and Shailendra Pandey said.
The Tribunal passed the order on a petition filed by a
woman constable challenging the decision of Delhi Police to
terminate her job on the grounds of nondisclosure of the fact
that she had faced a criminal case in the past.
Asking the police to reconsider its termination order,
the Tribunal said, "There can be no straight jacket formula in
the matters and the respondents would be duty bound to examine
each case on its own merits having regard to the totality of
the facts and circumstances of the case and then decide as to
whether the person is really unsuitable for induction in the
service or not."
In this case, Kavita was appointed to the post of
constable (executive) female in Delhi Police in 2009 after
clearing the necessary tests.
Later, it was found in the police verification report
that she was involved in a criminal case for assaulting a
person and was acquitted following a compromise between the
parties. She, however, had not disclosed this fact in the
forms submitted while applying for the job.
The police department then terminated her job on
account of non-disclosure of the information which was
expressly sought in the forms.
She then approached the Tribunal saying that her
termination was illegal as the case against her was dropped
following a compromise.
Granting her relief, the Tribunal asked the Delhi
Police to review its decision and referred the Delhi High
Court judgement which said that there is a need for suitable
guidelines with regard to offences which may or may not
prohibit one`s induction into police service.