Mere criminal case no bar to entry in police services: CAT

Written by: Pti
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New Delhi, Feb 16 (PTI) The Central AdministrativeTribunal has said that a person cannot be denied entry intopolice service merely because he had faced a criminal case.

"It cannot be laid down as a proposition of lawthat a person would be undesirable for induction in theservice force merely because of his involvement in a criminalcase in which he subsequently came to be acquitted," a benchof Justice Dharam Paul Sharma and Shailendra Pandey said.

The Tribunal passed the order on a petition filed by awoman constable challenging the decision of Delhi Police toterminate her job on the grounds of nondisclosure of the factthat 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 inthe matters and the respondents would be duty bound to examineeach case on its own merits having regard to the totality ofthe facts and circumstances of the case and then decide as towhether the person is really unsuitable for induction in theservice or not."

In this case, Kavita was appointed to the post ofconstable (executive) female in Delhi Police in 2009 afterclearing the necessary tests.

Later, it was found in the police verification reportthat she was involved in a criminal case for assaulting aperson and was acquitted following a compromise between theparties. She, however, had not disclosed this fact in theforms submitted while applying for the job.

The police department then terminated her job onaccount of nondisclosure of the information which wasexpressly sought in the forms.

She then approached the Tribunal saying that hertermination was illegal as the case against her was droppedfollowing a compromise.

Granting her relief, the Tribunal asked the DelhiPolice to review its decision and referred the Delhi HighCourt judgement which said that there is a need for suitableguidelines with regard to offences which may or may notprohibit one''s induction into police service.

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