CAT to Delhi Police: Use caution while cancelling candidature

The Central Administrative Tribunal has advised Delhi Police to exercise its power with caution in cancelling the candidature of provisionally selected candidates on the ground of their involvement in past criminal cases.

"There is a need for extreme caution... so that the quasi judicial authorities do not overstep their legitimate domain and give a finding over and above the findings recorded by a trial court," the Tribunal, comprising Members Shanker Raju and Veena Chhotray, said.
      
It cautioned Delhi Police against over-reaching the judicial findings as it needed careful consideration before denying appointment to a personnel.

"What is required is a very thorough consideration of all the attending circumstances of the case while carefully guarding the thin line of remaining within the legitimate domain and not overreaching the judicial findings. Arriving at hasty conclusions on isolated facts is also to be cautioned against," the Tribunal said.
       
It was hearing a plea of a provisionally selected constable Mahesh Dahiya, whose candidature was cancelled by the Delhi Police over his alleged involvement in a criminal case related to kidnapping.
       
Though no charge was proved by the prosecution against Dahiya, the Delhi Police decided not to appoint him citing his premeditated tendency of crime and his disrespect for law, the Tribunal noted.

"The Delhi Police have a right to verify the character and antecedents of Dahiya before issuing the final appointment order, and mere acquittal in the criminal case would not entail a claim for suo-motu appointment," it said.
       
Citing several decisions of the apex court over the issue, the police had contended that what would be relevant was the conduct and character of the candidate to be appointed to a service and not the actual result in the criminal case.
       
It had said the decision regarding cancellation has been taken after a very careful consideration by a high powered screening committee constituted by the police commissioner.
       
Dahiya had submitted that once a person was acquitted, the stigma from the criminal case was also obliterated. He claimed that the police had exceeded its jurisdiction in cancelling his candidature after he was acquitted by the court.

The Tribunal, however, refused relief to Dahiya as it found no justification to interfere with the decision of Delhi Police cancelling his candidature.