JUDGMENT :

(A. Muhamed Mustaque, J.)

“Man aspires and makes his choice but the choice itself becomes a hurdle in the journey he aspired for”.

Shri Durga Das failed miserably in his life goal to have a partner of his choice. He realised the greatest challenge in life is not falling but rising from the moment when he falls. He fancied a career as a police constable in India Reserve Battalion Commando Wing. He succeeded in all tests that qualifies him to be appointed as a constable except establishing his antecedent character. Unlike in his failed marriage, he has not stopped raising his challenge. He persisted for his glory and succeeded before the Kerala Administrative Tribunal to appoint him as a constable. However, the State wants to stop him and has come up with this original petition challenging the order of the Tribunal.

2. Durga Das was involved in a criminal case based on a complaint lodged by his estranged wife while a matrimonial dispute was pending. The allegation against him was serious and would have persuaded any prospective employer to doubt his character and integrity. It was alleged that he trespassed into the classroom Peruman Engineering College in uniform of a student and inflicted injuries on the left leg and shoulder of his wife, who was the complainant with a surgical blade. It is further alleged that he also intimidated the classmates of his wife with fear of death. Thus, he was proceeded for the offences punishable under Sections 419, 452, 307 and 506 (ii) of IPC. During the trial, none of the witnesses supported the prosecution case. Accordingly, he was acquitted under Section 235(1) of Cr.PC.

3. The Rules related to appointment mandate that the Government must be satisfied with character and antecedents for qualifying such services (See Rule 10(b)(iii) of the Kerala State & Subordinate Service Rules, 1958 [KS&SSR]).

4. Section 86 of Chapter VII of Kerala Police Act, 2011 deals with the “disqualifications of appointment as a police officer”. It is appropriate to refer Section 86 which reads thus:

86. Disqualifications for appointment as a police officer.- (1) No person shall be eligible for appointment as a Police Officer or shall have the right to continue in employment as a Police Officer if that person,-

(a) is not a citizen of India; or

(b) has been convicted by a Court of law for an offence involving proclivity for violence or moral turpitude;

(c) is found mentally, physically or behaviourally unfit for carrying out the duties of police; or

(d) is a member of a political party and is not prepared to terminate his membership even after recruitment; or

(e) is an office bearer of any social, religious, cultural or scientific organization and is not prepared to give up or terminate such position even after instructions from Government, State Police Chief or the District Police Chief; or

(f) is or has been, a member of any banned organization.

(2) A person against whom a criminal case for an offence involving proclivity of violence or moral turpitude is pending before a Court of law shall be entitled to appear for recruitment, to get selected and to undergo training, but shall be entitled for permanent appointment only after being acquitted.

(3) A Police Officer, at any time after appointment is found belonging to any of the categories under (a) to (f) of sub-section (1), the appointing authority may immediately place the said officer under suspension and after giving reasonable opportunity to prove otherwise, dismiss, remove or compulsorily retire the officer as the case may be.

5. Before the Tribunal, the State defended its action on the ground that, merely because the witnesses had turned hostile, it was not safe to hold that the character and antecedents would qualify him for such service. However, the Tribunal noted that there was nothing adverse regarding the character and antecedents of Durga Das except the criminal case and, there was no other independent material to hold that Durga Das was unsuitable for appo