CAT directs Delhi Police to induct candidate acquitted in false cases as Constable

New Delhi: The Central Administrative Tribunal (CAT) has ordered the Delhi Police to induct a candidate who was declined appointment for not disclosing two criminal antecedents in the attestation form.

The applicant, Sonu Bhati, was selected for the post of Constable in Delhi Police in 2018 but was served with a show-cause notice asking why his candidature should not be cancelled for his involvement in two criminal cases.

Bhati, who was declared successful in both written as well as physical tests, replied that at the time of filling out the attestation form, he was not aware of the cases and in both, he has been acquitted.

However, the Delhi Police declined to absorb him into service, prompting him to file a plea before the CAT.

Advocate Namit Saxena, representing Bhati, argued that the two cases were of a trivial nature and he was not aware of them at the time of filling out the attestation form.

In any event, he has been found acquitted in both and his candidature be thus suitably accepted, contended Saxena.

Accepting Bhati’s plea, the CAT said that his non-disclosure of criminal cases in the verification attestation form was not concealment, adding that both the FIRs have been quashed and he is now innocent and blemish-free.

In its decision, the CAT directed the Delhi Police to consider the applicant’s appointment to the post of Constable, if he is otherwise found fit, within a period of two months.

“We quash and set aside the orders of the respondents (authorities) dated 19.09.2018 and 12.12.2018 and direct them to consider the applicant’s appointment to the post of Constable (Executive) Male,” it ordered.

It further directed that the applicant will get all notional benefits like fixation of pay and allowances, along with seniority.

However, he would not be entitled to any payment of pay arrears under the principle of ‘No work no pay.’