Mr. Sumit Goswami, Advocate with v. THE DIRECTOR FORENSIC SCIENCE LABORATORY ANR

$~91 * IN THE HIGH COURT OF DELHI AT NEW DELHI+ CONT.CAS(C) 538/2025 VIPIN KUMAR .....Petitioner Through: Mr. Sumit Goswami, Advocate with petitioner in person. versus THE DIRECTOR FORENSIC SCIENCE LABORATORY & ANR. .....Respondent Through: Ms. Avnish Ahlawat SC, GNCTD with Mr. N.K Singh, and Ms. Aliza Alam, Advs for R-2. Mr. Vinod Katyal, SO Admn, FSL and Mr. Balvinder Thanewal, ASO Admin, FSL. CORAM:HON'BLE MR. JUSTICE ANISH DAYALO R D E R% 16.05.20251.Pursuant to the previous order, Ms. Avnish Ahlawat, Standing Counsel for GNCTD is appearing along with Ms. Aliza Alam and the officers of Forensic Science Laboratory (‘FSL’). 2.The FSL file has been shown to this Court and the following sequence of events is necessary to place, as under: i.On 3rd July 2023, a provisional recruitment was given to petitioner by the FSL. This was provisional subject to verification of the qualifications which were required for the appointment. One of the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 01:39:50 issues was the scope of experience of the petitioner on technical issues related to forensics. ii.In this regard, a communication was received from the Bureau of Indian Standards (‘BIS’) on 19th June 2019 addressed generally ‘to whomsoever it may concern’ and stated that the petitioner had worked in BIS as a Graduate Engineer purely on a temporary basis for technical services w.e.f. 1st December 2015 to 31st May 2019. iii.FSL wrote a letter on 20th February 2024 asking the BIS to clarify the nature of duties performed by petitioner and provide the Experience Certificate in standard form on the letterhead of the organization. iv.A communication was received by email on 8th March 2024forwarding a trail mail from the Human Resource Department of BIS regarding the details and nature of duties performed by petitioner. It would be apposite to extract the text of this mail, which is as under: This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 01:39:50 v.On 29th May 2024, FSL issued a letter to BIS stating that they had received the email of 8th March 2024 but that was not in a proper format of an Experience Certificate and it should be sent in a standard format on the letterhead of the organization with other details. vi.BIS responded on 6th June 2024, enclosing the Experience Certificate of the petitioner and recording his experience as under: This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 01:39:50 vii.On 11th September 2024, the petitioner wrote a letter with reference to the email of 8th March 2024 and stated that his experience included the field of analytical methods/research which was qualified for the FSL post. viii.Based on this letter from the petitioner, another communication was sent on 28th November 2024 to BIS asking to offer their comments on the petitioner’s letter. ix.A response was received on 09th December 2024 from BIS stating that the experience of the petitioner had already been mentioned in the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 01:39:50 Certificate issued on 6th June 2024; the said response is extracted as under: 3.The petitioner's grievance relates to the discrepancy in BIS’s email of 8th March 2024 noting his experience in “scrutiny of documents using analytical methods and research” versus the narrative in the Experience Certificate as “scrutiny of documents submitted along with application”; because of this discrepancy, a fundamental aspect which would qualify him for FSL is missing in the Experience Certificate and, therefore, the petitioner has been knocking the doors of this Court for clarification in that regard from the FSL/BIS. 4.It is, therefore, being directed that in compliance of orders of 12th This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 01:39:50 March 2025 in W.P. (C) 3145/2025 FSL will issue a communication to BIS asking them to clarify this discrepancy - to either verify that what was stated in the email dated 8th March 2024 was correct in respect of experience or otherwise clarify the statement made in the Experience Certificate issued on 6th June 2024. 5.The said communication shall be issued within a week by the FSL to the BIS. BIS shall respond to it within the next two weeks, thereafter. 6.Communication shall be shared by both the departments, FSL and BIS, with the counsel for petitioner. 7.Mr. Nishchal Joshi, Advocate had appeared for BIS, however, he is not present in Court today. Ms. Aliza Alam, counsel for FSL shall inform Mr. Nishchal Joshi of the order, so that these directions be fully complied with. 8.Liberty is given to the petitioner to take steps in accordance with law based on the clarification issued by FSL/BIS. 9.Ms. Avnish Ahlawat further states that cancellation order of his appointment has now been passed on 15th May 2025; the said order will be kept in abeyance till this communication, ad directed, is complete. 10.Petition is disposed of with the aforesaid directions. Liberty is granted to the petitioner to revive the petition in case there is any continued infraction. 11.Order be uploaded on the website of this Court. ANISH DAYAL, JMAY 16, 2025/RK/na