Full Text
HIGH COURT OF DELHI
Date of Decision: 25.02.2025
SUVOJIT SARKAR & ORS. .....Petitioners
Through: Mr. Mandeep Baisala, Adv.
Through: Mr. Devashish Bhaduria, SPC
HON'BLE MS. JUSTICE SHALINDER KAUR NAVIN CHAWLA, J. (ORAL)
JUDGMENT
1. Allowed, subject to all just exceptions.
2. This petition has been filed by the petitioners, praying for the following relief: “i. A direction to the Standing Screening Committee of the Respondent/CISF at CISF Headquarters, New Delhi to decide the correctness/antecedents of the documents produced by Petitioners No. 1 to 4, showing proof in support of the fact that no case/FIR is pending against them, within Two weeks, as no cases, whatsoever, are pending against the Petitioners herein..”
3. It is the case of the petitioners that the petitioners had applied for the post of Constable (General Duty). By a communication dated 21.01.2025 to the petitioner No. 1 and 24.01.2025 to petitioners No. 2 to 4, it has been informed to the petitioners that their cases have been referred to the Standing Screening Committee on the ground that they were found to be involved in criminal cases before joining the Central Industrial Security Force.
4. The learned counsel for the petitioners submits that the respondent has failed to appreciate that the petitioner No. 1 vide Order dated 10.01.2025, the petitioner No. 2 vide Order dated 21.11.2024, the petitioner No. 3 vide Order dated 30.03.2017 and the petitioner No. 4 vide Order dated 13.11.2024 already stand acquitted of the respective criminal cases and there is no other criminal case pending against the petitioners.
5. The petitioners have filed the present petition as the delay in taking a decision by the Standing Screening Committee may cause further complications in the service profile of the petitioner, if the petitioner is eventually to be appointed.
6. Issue notice.
7. Notice is accepted by Mr. Devashish Bhaduria, the learned counsel for the respondent, who submits that the petitioners have not submitted any documents in support of their above assertion.
8. Without in any manner expressing any opinion on the merits of the petition or the claim of the petitioners, as we agree that any delay in taking a final decision by the Standing Screening Committee can lead to further complications in the service profile not only of the petitioners but also of their other batch mates, we direct the Standing Screening Committee to consider the case of the petitioners within a period of four weeks from today and pass a speaking order. The decision thereof be communicated to the petitioners within a period of one week thereafter. If the decision of the respondent/Standing Screening Committee is against the interest of the petitioners, it shall be open to the petitioners to challenge the same in accordance with law.
9. The petition stands disposed of with the above directions.
NAVIN CHAWLA, J SHALINDER KAUR, J FEBRUARY 25, 2025/ss/kp/DG Click here to check corrigendum, if any