(Per Sri Justice V Eswaraiah)

This writ petition is filed by the State of A.P., questioning the order passed by the A.P. Administrative Tribunal, Hyderabad in allowing the O.A. No.11566 of 2009 dated 27.1.2010, as illegal and to set aside the same.

1. The writ petitioners are respondents before the tribunal. The first respondent/ applicant filed O.A. No. 11566 of 2009 questioning the endorsement in Rc.No. 250/A1/2008 dated 20.10.2009 of the fifth petitioner herein/Deputy Inspector General of Police, Visakapatnam Range, Visakapatnam where under his provisional selection to the post of Stipendiary Cadet Trainee Sub Inspector (for short SCT SI) was cancelled as per the orders issued in Fax Message Rc No. 413/R&T/Genl.1/09 dated 9.10.2009 of the second petitioner/ The Chairman, State Level Police Recruitment Board, Hyderabad (for short the Board) as illegal, arbitrary and violative of principles of natural justice and consequently to appoint him as SCT SI (Civil) (Men) in Zone-I.

2. The case of the first respondent herein (hereinafter referred to as applicant) is that earlier in response to the notification issued in the year 2006 by the second petitioner, he applied for the post of Sub Inspector of Police and was successful in both the written test and medical test, however, in view of pendency of a criminal case in C.C. No. 279 of 2007 on the file of the Judicial First Class Magistrate, Sompeta, Srikakulam district, he did not pursue the selection proceedings. Thereafter, the second petitioner has issued another notification in Rc No. 165/R&T/Genl.1/2008 dated 6.6.2008 inviting applications for various posts in police department including 1135 posts of SCT-SI. The applicant applied for the post of SCT-SI and was successful both in physical test and written test and was waiting for appointment order. While so, vide endorsement dated 20.10.2009 of the fifth petitioner, he was informed that his provisional selection to the post of SCT SI was cancelled as per the Fax Message dated 9.10.2009 of the second petitioner. The fax message dated 9.10.2009 speaks about the involvement of the applicant in Crime NO.40 of 2007 registered under Section 420 of IPC of Mandasa Police station with regard to cheating and collecting an amount of Rs.50,000/-by promising to secure a job in Indian Army; that the acquittal of the fifth respondent in CC No. 279 of 2007 on the file of the Judicial First Class Magistrate, Sompeta under Section 248 (1) Criminal Procedure Code by order dated 22.9.2008 is on technical grounds and due to lack of evidence; therefore it is not desirable that a person of such a nature is recruited in a department like the police. The relevant portion of fax message 9.10.2009 reads as under;

“Scrutiny of the C.D. file in respect of Cr. No. 40/2007 under Section 420 IPC of Mandasa P.S. Srikakulam district shows that this is a case of alleged cheating reported on 17.5.2007 by the complainant Kanagana Saradhi of Sinkala pulluga village, mandasa Mandal, Srikakulam district, wherein the candidate collected Rs.50,000/-from the complainant promising him a job in Indian Army and then absconded. The case diary dated 29.6.2007 reveals that the candate had collected money from many others, but subsequently during the investigation, they did not come forward to give their statements against the candidate. The case was acquitted u/s 248 (1) Cr.P.C on 22.9.2008 in the Court of JFCM, Sompeta vide C C No. 279/2007. The case ended in acquittal on technical grounds and due to lack of evidence as the witnesses being the interested witnesses and also on the ground that the complainant was not eligible for selection in the Army. It is therefore not desirable that a person of this nature is recruited in a department like the police.

As such, the candidate is disqualified for appointment as per rules in view of Rule 12 (1) (a) (ii) of A.P. State and Subordinate Service Rules, 1996; Rule 3 (F) of A.P. Police (Stipendiary Cadet Trainee) Rules, 19