Cannot stop job due to case registered in adolescence, CAT orders appointment to Delhi Police

A youth selected to become a constable in Delhi Police, against whom a case was registered when he was a minor, will now be able to join his post. Earlier, Delhi Police had refused to give him recruitment due to the lawsuit, despite the completion of the selection process. The youth approached the Central Administrative Tribunal (CAT) against this decision. CAT gave its verdict in favor of the youth and ordered that he should be admitted from the selection year itself. However, his salary will be received from the time he officially starts the job.

Vinod (name changed), resident of Muzaffarnagar, had participated in the constable recruitment conducted by Delhi Police in the year 2023. At the time of application, he honestly told that an FIR was registered against him in a police station in Shamli in the year 2018 for assault and causing hurt. Vinod successfully passed the written and physical examination conducted for the post of constable. After this, in April 2024, Delhi Police issued him a “show cause” notice regarding the said FIR. The youth submitted relevant documents in response to the notice, which also included an order of acquittal from the court in the year 2022.

Despite this, Delhi Police refused to admit him. The youth approached the Central Administrative Tribunal (CAT) against this decision. While giving the verdict, CAT ordered that facing any case while being a minor does not become a hindrance in the current recruitment. The youth will be admitted to Delhi Police from the year of selection itself. However, his salary will be received only after starting the job.

The court declared him innocent

The youth’s advocate Anil Singal told CAT that at the time of registration of the FIR, the age of the applicant was only 17 years. During the hearing in the court, the witness neither identified him nor presented any concrete evidence against him. Along with acquitting him, the court had also given instructions to take action against the complainant.

Delhi Police refused to deploy

On behalf of Delhi Police, CAT was told that the youth was acquitted of the charges because the witness retracted his statement. It was told in the charge sheet that this FIR was registered against the youth alone and it included serious charges like Section 308 of the Indian Penal Code (IPC). The police argued that for this reason the youth could not be admitted. Despite this, CAT while giving its verdict said that facing any case while being a minor does not become a hindrance in the current recruitment. The youth will be recruited in Delhi Police from the year of selection, while the salary will be received only after starting the job.

Order to give appointment within eight weeks

The Central Administrative Tribunal clarified in its order that there is no dispute that the applicant was a minor at the time of the FIR. According to the law, the case registered against a minor should be looked at differently. CAT said that the court has acquitted him in this case, hence he cannot be considered wrong on the basis of mere suspicion. CAT ordered that Delhi Police appoint the youth to the post of constable within eight weeks, while the salary will be given to him from the time he officially starts the job.

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