IMPORTANT POINT
The central legal point established is that as per the applicable Rules and Regulations, only a Non Involvement in Offences Certificate (NIOC) can be issued by the competent authority, and there is no provision for a Police Clearance Certificate (PCC).

JUDGMENT :

It is conceded by both sides that the forensic issues impelled in this case are covered by the judgment of this Court in W.P. (C)No.33960/2023.

2. Sri. M.R. Sarin – learned counsel for the petitioner, conceded that his client has been implicated in Ext.P5 FIR, but that, as evident therefrom, the charges are ones that did not attract any moral turpitude; and that, in any event, he was not involved in any such offence as has been alleged against him. He added that this is manifest from Ext.P6 order of this Court, whereby, the petitioner was enlarged on bail. He, therefore, prayed that 3rd respondent be directed to consider Ext.P1 representation of his client, within a time frame to be fixed by this Court.

3. Sri.Sunil Kumar Kuriakose – learned Government Pleader, submitted that, as this Court has already declared in Navya Nalan v. District Police Chief & Another [W.P(C)No.33960 of 2023], only a Non Involvement in Offences Certificate (‘NIOC’) can be issued by the competent Authority and not a Police Clearance Certificate (‘PCC’); and hence that if the petitioner requires the same, it can be issued, however, indicating that he had involved in the Crime as reflected in Ext.P5. He submitted that, beyond this, the Authority cannot accede to any of the reliefs sought for by the petitioner.

4. In reply, Sri. M.R. Sarin submitted that his client is the only bread winner in his family, unless he is able to produce the ‘PCC’, he will be unable to continue his job, as he needs to renew his entry pass in the Gas plant owned by the Indian Oil Corporation, where he is currently working.

5. Even when I hear Sri. M.R. Sarin as afore, the fact remains that this Court can only direct the competent respondent to act in terms of law and not beyond.

6. As has been declared by this Court in Navya Nalan (Supra) there is, in fact, nothing called a ‘PCC’ and citizens like the petitioner appear to be under a misconception that such a certificate is tenable. In fact, the applicable Rules and Regulations only provide for an ‘NIOC’, which obviously, will have to take into account any pending offences also – whether it be proved yet or otherwise, as of now.

In the afore circumstances, following Navya Nalan (Supra), I allow this writ petition and direct the competent among respondents to issue to the petitioner the necessary ‘NIOC’ with all relevant and germane details, adverting specifically to Ext.P6 order, as expeditiously as is possible, but not later than two weeks from the date of receipt of a copy of this judgment.