The Supreme Court upheld the Delhi Police Department’s decision to deny four people cleared of criminal charges constable positions, stating that anybody recruited to the police force should be able to inspire public trust. In response to the Delhi Police’s appeal, which was dismissed by the Central Administrative Tribunal (CAT) and the Delhi High Court. In cases of public employment, courts headed by the Judges KM Joseph and S Ravindra Bhat said that the fitness of a candidate is not to be secondary to that of a candidate since this role is best entrusted to the administrative powers of the State.
The top court overturned the Delhi high court’s decision of December 5, 2013, citing serious flaws in how it attempted to excuse the four candidates from charges of kidnapping, house trespass, causing grievous bodily harm, and rioting based on their young age and rural setting, where such crimes are common. Such broad generalizations that lead to the offender’s actions being excused should not be included in the court judgment and should be avoided.” Following advertising published in 2009, the four candidates – Raj Kumar, Shiv Singh, Deepa Tomar, and Prem Singh Chaudhary, sought constable positions in the Delhi Police. They said in their applications that they had been charged with a crime.
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The Indian Penal Code (IPC) charged Raj Kumar with house-trespass (Section 451), rioting (Section 147), causing hurt (Section 323), and endangering life (Section 336). In contrast, Shiv Singh and Prem Singh Chaudhary were charged with causing grievous hurt (Section 325) and wrongful restraint (Section 341). Deepa Tomar was accused of kidnapping her husband (Section 364) under the Indian Penal Code, which she said was retaliation for her dowry harassment lawsuit against her in-laws.
Except in the instance of Tomar, the trial court acquitted the accused either because there was insufficient evidence or because the accused had negotiated with the complainant. Following the trial, Tomar was found not guilty. They were deemed unfit for employment by the Delhi Police’s screening committee. Separate rulings from the CAT granted relief to the candidates challenged by Delhi Police at the Delhi high court.
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