NEW DELHI, June 13: 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.
The tribunal also expressed its displeasure over Deputy Commissioner of Police rejecting Rathi’s reply to the show cause notice issued against him by the screening committee, without placing it before the panel.
“In our considered view when the screening committee has considered the case of the applicant and at its instance, show cause notice was issued to him, it is for them alone to consider his reply and take appropriate decision and not for any lower functionary at the level of a Deputy Commissioner of Police to give the ultimate decision,” the bench said.
Rathi in his plea before the tribunal had contended that the FIR followed by a molestation case was registered against him and his cousins as the complainant had a grudge against him.
According to the criminal complaint against Rathi, he and his friends in an intoxicated state had allegedly molested the wife of the complainant, one Niyaz, and when he had tried to stop them, the applicant and his friends had assaulted the complainant. (PTI)
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