Caste-Based Questions In DSSSB's Exam- Delhi Court Warns Of Attachment Of Joint And Special Delhi Police Commissioners' Salary For Delayed Probe

The Delhi Court recently came down heavily upon the Delhi Police over a delayed probe in the FIR registered in the case of caste-based questions included in the primary teachers' recruitment exams conducted by the Delhi Subordinate Services Selection Board (DSSSB) in 2018 and 2019.

Essentially, the Additional Sessions Judge Ravinder Bedi of Karkardooma Court was hearing an application filed by IO seeking extension of the time period for investigation in the case when it observed that the investigating agency was deliberately seeking time on frivolous pretexts.

"It seems the investigation is veered now towards ascertaining the status of caste of complainant i.e. enquiry into his documents i.e. verification of his Caste Certificate. No substantive efforts have been made into enquiring / investigating the details of authorized signatory who was the Head of the committee and being so, authorized such question papers in the year 2018 and 2019," the court significantly observed.

The background

The FIR in the instant matter was ordered to be registered in February 2021 by the lower court against the offenders for offences under the provisions of the Atrocities Act. However, the FIR has been registered by police authorities only on 21.06.2021 without any explanation for the prolonged delay in registration of the same.

In total 6 status Reports have been filed in the instant matter showing that the process of examination of witnesses was underway. 

In connection with the instant matter, the Delhi High Court had, in June 2021, upheld a trial court order directing for the registration of an FIR against unknown offenders under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act,1989.

The Delhi High Court had prima facie found that the questions in Primary Teachers' Recruitment examinations held on Oct 13, 2018 and Aug 18, 2019 conducted by the DSSSB were intentionally insulting, or intimidating, with a view to insult members of specific castes.

"Prima Facie Insulting SC/ST Communities":Delhi High Court Upholds Order For Registering FIR For Caste-Based Questions In Recruitment Exam By DSSSB

Court's observations 

At the outset, the Court noted that the investigating agency had not been able to discern as to who was the person at the helm of affairs i.e. the Head of Committee of Paper Setters and who was responsible for finalizing and approving the Paper Setting Process at the relevant time.

Further, persuing the Status reports, the Court observed that except for the issuance of Notices upon various persons upto the Deputy Secretary level in respect of the detail of the procedure of the examination of DSSSB and other related aspects, no investigation had been done by the Delhi Police.

The Court also expressed its surprise over the 'mysterious' and 'abrupt' transfer of the investigation in the instant case by the Higher Police officials to the Crime Branch and observe thus:

"The investigating agency has not been able to apprise the Court of the reasons germane for such transfer in the midst of investigation."

Importantly, the Court even went ahead to warn the Joint Commissioner Police and Special Commissioner of Delhi Police of attachment of their salaries of Rs.20,000/­ each besides attaching their Chairs, for willfully and intentionally neglecting their duties (required to be performed by investigating into the offences expeditiously).

However, before ordering this, the Court gave them a chance and required a detailed reply to the application under Section 4 of The Atrocities Act (Punishment for neglect of duties) by the complainant in the case.

Against this backdrop, the court directed the Joint CP (Crime Branch) as well as Special CP (Crime Branch) to expedite the investigation (to ascertain the Head of the Paper Setting Committee/the person/official who authorized such paper setting) and file their Report separately within 2 weeks positively.

The Court also directed that Court orders (including the instant one) be sent to Commissioner, Delhi Police for taking cognizance of the intentional and deliberate delay in the investigation being carried out by the concerned police officials and called for his report within 2 weeks.

Lastly, the matter was listed for arguments on the application of the complainant under Section 4 of the Atrocities Act and compliance of the above orders on or before 25.11.2021. 

Case title - Dr. Satya Prakash Gautam Vs. DSSSB.

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