Appointment Offer Can't Be Cancelled Merely On Basis Of Previous Involvement In FIR Without Considering Reasoning In Judgment: Delhi High Court

The Delhi High Court has said that generalizations cannot be made to deny the offer of appointment merely on the basis of registration of FIR without considering the reasoning in the judgment and the relevant facts and circumstances.The division bench of Justice V. Kameswar Rao and Justice Anoop Kumar Mendiratta made the observation while directing the authorities to consider the appointment of. The division bench of Justice V. Kameswar Rao and Justice Anoop Kumar Mendiratta made the observation while directing the authorities to consider the appointment of a person, whose appointment to the post of Sub Inspector in Delhi Police was earlier cancelled due to his alleged involvement in a 2011 case of dowry death. Observing that the Screening Committee was not justified in concluding that Kumar was not suitable for appointment to the post in Delhi Police, the court said it failed to appreciate the entirety of facts and was merely swayed by invocation of Section 304-B IPC in FIR which was never supported on record by the material witnesses who were the close relations of the deceased. Allowing Kumar's petition and setting aside the Tribunal’s order, the court directed the authorities to consider Kumar's appointment to the concerned post, subject to his satisfying all other conditions Counsel for the Petitioner: Aman Mudgal, Advocate Counsel for the Respondent: Mrs. Avnish Ahlawat, Standing Counsel with Ms. Tania Ahlawat, Mr. Nitesh Kumar Singh, Ms. Palak Rohmetra, Ms. Laavanya Kaushik and Ms. Aliza Alam, Advocates Case Title: Mahesh Kumar vs Union of India and Ors Citation: 2023 LiveLaw 304