LexCOMMISSIONER OF POLICE, NEW DELHI & ANR. versus MEHAR SINGH
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(2013] 13 S.C.R. 432 A COMMISSIONER OF POLICE, NEW DELHI & ANR. "-- v. MEHAR SINGH (Civil Appeal No. 4842 of 2013) B JULY 2, 2013 [G.S. SINGHVI AND RANJANA PRAKASH DESAI, JJ.] Service Law - Appointment - Cancellation of candidature A "- - Delhi Police - Standing Order issued by Delhi Police c incorporating policy for deciding cases of provisionally selected candidates involved in criminal cases (facing trial or acquitted) - Screening Committee constituted as per Standing Order -Opinion formed by Screening Committee and endorsed by the Deputy Commissioner of Police D (Recruitment), Delhi, that both the respondents, who were subsequently acquitted /discharged in a criminal case, were not suitable for being appointed in the Delhi Police Force - Sustainability - Held: Sustainable - Tribunal and the High Court erred in setting aside the order of cancellation of ~.e E respondents' candidature - The Screening Committee was entitled to keep persons involved in grave cases of moral turpitude out of the police force even if they were acquitted or discharged if it felt that the acquittal or discharge was on technical grounds or not honourable - While deciding whether F a person against whom a criminal case was registered and who was later acquitted or discharged should be appointed to a post in the police force, what is relevant is the nature of the offence, the extent of his involvement, whether the acquittal was a clean acquittal or an acquittal by giving benefit of doubt G because the witnesses turned hostile or because of some ..._ serious flaw in the prosecution, and the propensity of such .. person to indulge in similar activities in future - This decision can only be take'n by the Screening Committee created for • that purpose by the Delhi Police - If the Screening H 432 COMMISSIONER OF POLICE, NEW DELHI v. MEHAR 433 SINGH -> Committee's decision is not ma/a fide or actuated by A extraneous considerations, then, it cannot be questioned - Delhi Police (Appointment and Recruitment) Rules, 1980 - r.6. Constitution of India, 1950 - Art. 136 - SLP - Rejection B of, at the threshold without detailed reasons - Held: Does not constitute any declaration of law or a binding precedent. , ->- A Constitution of India, 1950 - Art. 14 - Doctrine of equality enshrined in Art. 14 - Held: Does not envisage negative . . c equality - It is not meant to perpetuate illegality or fraud because it embodies a positive concept - On facts, held, that if the Screening Committee constituted by the Delhi Police to carry out the object of the comprehensive policy to ensure that people with doubtful background do not enter the police force, deviates from the policy, makes exception and allows D entry of undesirable persons, it is guilty of committing an act of grave disservice to the police force but one cannot allow that illegality to be perpetuated - Service Law - Appointment - Delhi Police .. The question before this Court is whether the E candidature of the respondents who had made a clean breast of their involvement in a criminal case by mentioning this fact in their application/attestation form while applying for a post of constable in Delhi Police; who F were provisionally selected subject to verification of their antecedents and who were subsequently acquitted/ discharged in the criminal case, could be cancelled by the Screening Committee of the Delhi Police on the ground that they are not found suitable for appointment to the G ·----* post of constable. Allowing the appeals, the Court HELD:1.1. It is true that in Rule 6 of the Delhi Police (Appointment and Recruitment) Rules, 1980 which H 434 SUPREME COURT REPORTS [2013] 13 S.C.R. A provides for grounds for ineligibility, criminal antecedents of a person is not mentioned as a ground for ineligibility. But, to conclude from this that instances of moral turpitude, however grave, could be overlooked because they do not find mention in Rule 6, would be absurd. In B any case, Standing Order No. 398/2010 issued by the Delhi Police empowers the police to take appropriate decision in such cases. Pertinently the respondents have not challenged the Standing Order. This Standing Order incorporates policy for deciding cases of candidates c provisionally.selected in Delhi Police involved in criminal cases (facing trial or acquitted). [Para 17] [450-D-G] 1.2. Clause 3 of the Comprehensive Policy delineated in
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