High Court of DelhiW.P.(C)/9563/2015

Sandeep Kumar v. Union Of India & ANR

2016-01-05Hon'Ble Mr. Justice S. Ravindra Bhat,Hon'Ble Ms. Justice Deepa Sharma2 pages

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9563/2015 SANDEEP KUMAR ..... Petitioner Through:

Ms. Nupur Chaudhary, Advocate.

versus UNION OF INDIA & ANR ..... Respondents Through:

Mr. C.M. Goel, CGSC alongwith Mr.

Kavindra Gill (GP).

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MS. JUSTICE DEEPA SHARMA

O R D E R

% 05.01.2016 The petitioner is aggrieved by the order of withdrawal of Offer of Appointment dated 24.07.2012. He was selected and offered appointment on 21.05.2012 to the post of Assistant Sub-Inspector (Executive). The petitioner had in response to the information elicited from him disclosed that he was accused of having committed offences punishable under Section 147, 148, 323/342 and 506 IPC alongwith others.

It is submitted that the respondents had on 16.08.2013 (after issuance of the discharge order), informed him that his representation for employment would be considered by the Standing Screening Committee constituted for this purpose in accordance with the

executive instructions governing matter. It is stated that despite lapse of more than three years, the respondents had not indicated whether the petitioner's representation would be accepted and the withdrawal of offer is cancelled.

The respondents submit that under the prevailing guidelines/instructions, every case of selected personnel, who faces criminal proceedings required review having regard to the nature and seriousness of the charge and the desirability of continuing them in the employment. It is stated that the 11th Standing Committee which is ceased of the petitioner's case is expected to consider it and would shortly meet for this purpose sometime in March, 2016. Having regard to the statements of the respondents, the Court hereby directs that the petitioner's representation shall be considered and that an appropriate order be made, after his case is duly considered by the Committee, not later than 15.04.2016.

The petitioner shall be communicated of the result by a suitable order, explaining briefly the reasons, if any, within four weeks of the said decision. It is stated that the criminal proceedings ended with the compromise on 04.06.2015 and the copies of documents pertaining to this event were furnished to the respondents. The writ petition is disposed of in the above terms. S.