NDLI: Commissioner of Police Vs. Raj Kumar

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Recruitment Public employment Service Law
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Service Law – Recruitment – Public employment – Delhi Police – Post of constable – Standing Order No.398/2010 Policy for deciding cases of candidates provisionally selected in Delhi Police involved in criminal cases (facing trial or acquitted) – Selection authority / Screening Committee rejected candidature of respondents candidates as they had faced criminal proceedings – CAT allowed the applications of respondents – Writ petitions – Direction of High Court that the respondents be considered for appointment – Held: Not justified – Reading of the applicable Standing Order made it clear that in relation to certain offences, acquittal or exoneration of an accused candidate, per se would not entitle her or him to consideration – Public service – Like any other, pre-supposes that the state employer has an element of latitude or choice on who should enter its service – Norms, based on principles, govern essential aspects such as qualification, experience, age, number of attempts permitted to a candidate, etc. – Judicial review is permissible to ensure that those norms are fair and reasonable, and applied fairly, in a non-discriminatory manner – However, suitability is entirely different; the autonomy or choice of the public employer, is greatest, as long as the process of decision making is neither illegal, unfair, or lacking in bona fides – High Court’s approach appears to hint at the general acceptability of behaviour which involves petty crime or misdemeanor – Such generalizations, leading to condonation of the offender’s conduct, should not enter the judicial verdict and should be avoided – Each case is to be scrutinized by the concerned public employer, through its designated officials – More so, in the case of recruitment for the police force, who are under a duty to maintain order, and tackle lawlessness, since their ability to inspire public confidence is a bulwark to society’s security. Service Law – Public employment – Recruitment / Appointment – Judicial Review – Scope – Held: Courts exercising judicial review cannot second guess the suitability of a candidate for any public office or post – Absent evidence of malice or mindlessness (to the materials), or illegality by the public employer, an intense scrutiny on why a candidate is excluded as unsuitable renders the courts’ decision suspect to the charge of trespass into executive power of determining suitability of an individual for appointment.
Judge	Hon'ble Mr. Justice S. Ravindra Bhat
Neutral Citation	2021 INSC 423
Petitioner	Commissioner Of Police
Respondent	Raj Kumar
SCR	[2021] 6 S.C.R. 4
Judgement Date	2021-08-25
Case Number	4960

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

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