Archive · 5 Dec 2025
Delhi High Court reinstates dismissed BSF constable
The Delhi High Court has ordered the reinstatement of a man who was denied appointment in the CISF as a constable despite being acquitted by a trial court in a criminal case.
The court found that the cancellation of his candidature was not sustainable in law and that the mere institution of a criminal case against him could not be a ground to disqualify him from service.
The petitioner was acquitted by the trial court on January 29, 2024, after being charged with criminal trespass, voluntarily causing hurt, and assault or use of criminal force on a woman with the intent to outrage her modesty.
The high court observed that the committee that cancelled his candidature had proceeded mechanically without considering the final order of acquittal.
The court further noted that the complainant had deposed before the trial court that the entire episode was the result of a misunderstanding and that she had no grievance against him.
The high court's decision was made on December 3, 2024.
Delhi High Court reinstated a man denied appointment in CISF as a constable despite his acquittal in a criminal case.
The court found that the cancellation of his candidature was not sustainable in law and that the mere institution of a criminal case against him could not be a ground to disqualify him from service.
The petitioner was acquitted by the trial court on January 29, 2024, after being charged with criminal trespass, voluntarily causing hurt, and assault or use of criminal force on a woman with the intent to outrage her modesty.
The high court observed that the committee that cancelled his candidature had proceeded mechanically without considering the final order of acquittal.
The court noted that the complainant had deposed before the trial court that the entire episode was the result of a misunderstanding and that she had no grievance against him.
- Who
- A man who was denied appointment in CISF as a constable despite being acquitted by a trial court in a criminal case and the Delhi High Court
- What
- Reinstatement of the man's appointment in CISF after the Delhi High Court quashed the decision to cancel his candidature
- When
- The criminal case was registered on September 23, 2019, the petitioner was acquitted on January 29, 2024, his candidature was cancelled on May 9, 2024, and the high court decision was made on December 3, 2024
- Where
- Delhi High Court
- Why
- The high court observed that cancellation of his candidature was not sustainable in law and mere institution of a criminal case could not be a ground to disqualify him from service
Petitioner's Side
Respondent's Side
Cancellation of Candidature
Petitioner's Side
The cancellation of the petitioner's candidature was illegal, unjustified, unreasonable, discriminatory, unconstitutional, and violative of Articles 14, 15, and 21 of the Constitution of India.
Respondent's Side
The cancellation of the petitioner's candidature was based on the fact that criminal proceedings were instituted against him, and the committee proceeded mechanically without considering the final order of acquittal.
- Petitioner's Acquittal Date
- January 29, 2024
- Cancellation of Candidature Date
- May 9, 2024
- Offer of Appointment Date
- December 20, 2024
- Criminal Case Registration Date
- September 23, 2019
- High Court Decision Date
- December 3, 2024
- Charges Against Petitioner
- Criminal trespass, voluntarily causing hurt, assault or use of criminal force on a woman with the intent to outrage her modesty, and common intention
- Trial Court's Verdict
- Acquitted due to failure of prosecution to prove charges beyond reasonable doubt
- High Court's Observation
- Cancellation of candidature was not sustainable in law and mere institution of a criminal case could not be a ground to disqualify from service