Aanand Rathi v. Union Of India And ORS

$~62 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 12700/2024 & CM APPL. 52869/2024 -Int. dir., CM APPL. 52870/2024 -Ex.

AANAND RATHI .....Petitioner Through:

Mr.Sahil Mongia with Mr.Yash Yadav, Ms.Sanjana Samor and Mr.Samir, Advs.

versus UNION OF INDIA AND ORS .....Respondent Through:

Mr.Vivek Goyal, CGSC with Mr.Gokul Sharma, GP, Mr.K.B.Singh, Adv.

AC Arjun Mahato, SI Prahlad, SI Amit Kumar.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI HON'BLE MS. JUSTICE SHALINDER KAUR

O R D E R

% 10.09.2024

1. The petitioner, who is aspiring to join the Central Industrial Security Force (CISF) as a Constable(Driver) has approached this Court assailing the order dated 03.09.2024 vide which the offer of appointment made to him has been withdrawn by the respondents.

2. Learned counsel for the petitioner submits that the impugned order has been passed on the premise that the petitioner was involved in a criminal case, without appreciating the fact that he already stands acquitted in the said criminal case, which was in any event based on petty offences not involving moral turpitude.

3. A bare perusal of the writ petition shows that a copy of the said acquittal order has not been placed on record. When faced with this situation, learned counsel for the petitioner seeks leave to withdraw The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/09/2024 at 12:21:20

the petition with liberty to move a comprehensive representation against the impugned order before the respondents. He, however, prays that the respondents be directed to consider the petitioner's case afresh in the light of the acquittal order.

4. Even though learned counsel for the respondents opposes this limited request, we are of the considered view that taking into account that this acquittal order was not available with the respondents when they rejected the petitioner's claim for appointment, it would be in the interest of justice that his case is reconsidered by the respondents as per law.

5. We, accordingly, dispose of the writ petition by granting the petitioner two weeks time to make a representation to the respondents, which representation will be disposed by them within a period of six weeks by passing a reasoned and speaking order after taking into account the order vide which the petitioner has been acquitted in the criminal case.

6. Needless to state, in case, the petitioner is still aggrieved, it will be open for him to seek legal recourse as permissible in law.

7. The writ petition, along with the pending applications, is disposed of in the aforesaid terms.

REKHA PALLI, J SHALINDER KAUR, J SEPTEMBER 10, 2024/sr The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/09/2024 at 12:21:20