Ruling that if a person is acquitted in a criminal case, the FIR lodged against him cannot stand in the way of employment, the Delhi High Court has set aside a Delhi Police order cancelling a man's candidature for the post of sub-inspector last year.
"We have, time and again, reiterated that once a person has been acquitted in a criminal case, the factum of his name being mentioned in FIR cannot stand in the way of his employment with the Delhi Police," said a bench comprising justices B D Ahmed and Siddharth Mridul.
Upholding the Central Administrative Tribunal(CAT) March 7 order which had set aside the police decision last year cancelling the candidature of Ramanuja Upadhyay, the bench has dismissed the Commissioner's appeal against the Tribunal's order.
Upadhyay had been charged with rioting and other offences in 2003 during a students agitation against reservation in Allahabad University.
"In view of the foregoing, we see no reason to interfere with the impugned order passed by the Tribunal whereby the cancellation of the candidature has been quashed," the bench said.
The court accepted Upadhyay's argument that he was acquitted by the court after a full fledged trial in April 2010.
"Here, we find that although the respondent (Upadhyay) had been clearly acquitted after a full fledged trial by the trial court, the petitioner (police) still took into account the fact that his name has been mentioned in the FIR and concluded that, he had been involved in the alleged incident. This course of conduct is clearly untenable...," the bench said.