The presumption of innocence for the accused and the invalidity of disqualification based solely on the pendency of criminal cases arising from civil disputes.

John Mathew, J.

The appellant-petitioner filed the Original petition under Art.226 of the Constitution of India to direct the respondents to appoint him as Cashier in the service of the 1st respondent, Kerala State Electricity Board, after quashing Ext. P8 direction of the 3rd respondent refusing to admit him to duty. The learned single judge dismissed the petition. This appeal is directed against that judgment.

2. The petitioner is a Science Graduate belonging to other backward community (Muslim). He was advised for recruitment as junior assistant/cashier in the K.S.E.B. by the Kerala Public Service Com mission. Copy of the advice dated 20-4-1992 in produced as Ext. P1 Subsequent to the advice an order of appointment dated 29-6-1992 was issued to him, copy of which is marked as Ext. P2. As per Ext. P2 he was asked to report for duty before the Executive Engineer, Electrical Division, Thrissur-West within 15 days of the receipt of the order. The petitioner appeared before the Executive Engineer on 17-7-1992. As per clause 7 of Ext. P2 order he also produced security deposit receipt for Rs. 1,000/-. Copy of the receipt dated 17-7-1992 is marked as Ext. P3. He had to fill up a proforma before joining service. While filling the proforma the petitioner stated that he has been implicated in two criminal cases along with other close relatives. The numbers of the cases were also mentioned in the proforma. The Executive Engineer by his letter dated 21-7-1992 (Ext. P8) informed the petitioner that he could not be admitted for duty in view of the pendency of the criminal cases. He was also informed that 'the matter has been taken up with the Deputy Chief Engineer, Electrical Circle, Thrissur, for further directions'. The Deputy Chief Engineer in his turn requested for further instruction from the Chief Engineer by his letter dated 21-7-1992. Copy of that letter is produced as Ext. P9. Thereafter the petitioner was not informed about the decision of the Chief Engineer. The Original Petition was accordingly filed on 14-8-1992 for the above-mentioned relief's.

3. Under Rule 10(b)(iii) of the Kerala State and Subordinate Services Rules (K.S.S.S.R.) no person shall be eligible for appointment to any service by direct recruitment, unless the State Government are satisfied that his character and antecedents are such as to qualify him for such service. These Rules are applicable to the Electricity Board Service also. In this connection reference may also be made to Rule 10 of the Kerala Civil Services (Classification, Control and appeal) Rules, hereinafter referred to as 'CCA Rules'. Under Rule 10 of the CCA Rules the appointing authority may at any time place a Government servant under suspension where a case against him in respect of a criminal offence is under investigation or trial, among other grounds mentioned in that Rule. Relying on this Rule learned Standing Counsel for the K.S.E.B. contended that even in case the petitioner is appointed he may be placed under suspension. We will consider this contention after considering the main point as to whether the petitioner is entitled to join the service of the respondents.

4. As it is, no decision has been taken by any authority to the effect that the character and antecedents of the petitioner are such as to disqualify him from service. Even without such a finding or order the petitioner who was appointed as early as on 29-6-1992 is not being allowed to join service. Thus for more than one and half years he is denied employment on the ground that he is an accused in two criminal

cases.

5. The background under which these criminal cases arose has been explained by the petitioner in the Original Petition. According to the petitioner the adjoining property owners of his uncle's properly were attempting to trespass into his property. Petitioner's uncle had filed two suits, one suit which was filed in the Munsiff court was transferred to the Sub Court and renumbered as O.S.No.551 of 1991 an