Aaditay Kumar v. Union of India & Anr.
Case brief
What is this about?
The High Court of Delhi allowed five writ petitions and dismissed seven. It held that applicants acquitted by courts of serious offences (including rape/dowry) are entitled to reinstatement in CISF and CAPFs if the acquittal was clean or based on failure to prove case, despite the 'benefit of doubt' phrasing. However, acquittals via compromise or settlement were upheld as ground for non-appointmen
What did the court decide?
Reinstatement of appointment orders quashed for 5 applicants; 5 treated at par for seniority/pay; no back wages. Dismissal upheld for 7 applicants where compromise/settlement obtained.
$~173 to 180
- IN THE HIGH COURT OF DELHI AT NEW DELHI
- W.P.(C) 6191/2025
SRIKANTA GORAIN .....Petitioner Through: Mr. Mandeep Baisala and Mr. Kavesh Bidhuri, Advs.
versus
UNION OF INDIA & ANR. .....Respondents Through: Mr. Ashok Kashyap, SPC and Mr. Kabir Hazarika, GP
174
- W.P.(C) 6238/2025
BIKRAMJIT MONDAL .....Petitioner Through: Mr. Mandeep Baisala, Mr. Shobhit Anand, Mr. Kavesh Bidhuri and Mr. Atal Singh, Advs.
versus
UNION OF INDIA & ANR. .....Respondents Through: Mr. Jivesh Kumar Tiwari, CGSC with Ms. Samiksha, Adv.
175
Issues for consideration
3 issues framed by the court
Whether an applicant declared unsuitable for CISF recruitment due to acquittal on 'benefit of doubt' is entitled to reinstatement under Section 2(III) proviso 2 of MHA Guidelines 2012.
Whether acquittals based on compromise or settlement bar an applicant from employment in Central Police Forces under Govt guidelines.
Whether the distinction between 'honourable acquittal' and 'acquittal on benefit of doubt' justifies differential treatment in recruitment suitability.
Parties & counsel
- petitioner
Srikanta Gorain
- petitioner
Bikramjit Mondal
- petitioner
Kuldeep Kumar
- petitioner
Suvojit Sarkar
- petitioner
Ankush Nandkishor Raut
- respondent
Case details
As recorded by the court registry
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