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NITIN JAMDAR, S. MANU
.......... – Appellant
Versus
UNION OF INDIA, THROUGH CABINET SECRETARY, NEW DELHI – Respondent
JUDGMENT :
NITIN JAMDAR, C.J.
1. By this appeal filed under Section 5 of the Kerala High Court Act, 1958, the Appellant/Original Petitioner challenges the order passed by the learned Single Judge dated 24 December 2024 dismissing W.P. (C) No. 31104 of 2024 filed by the Appellant.
2. Respondent No. 1 is the Union of India, Respondent No. 2 is the State of Kerala, Respondent No. 3 is the Chief Secretary, and Respondent No. 4 is the Home Secretary. Respondent No. 5 is holding the post of Superintendent of Police, Non-I.P.S. cadre, in the State Police.
3. In the Writ Petition, the Petitioner sought to question the issuance of Exhibit-P4 Government order dated 18 August 2024 by the Deputy Secretary, Home Department, rejecting her representation against Respondent No. 5. The Petitioner had also raised objections regarding the issuance of integrity certificate to Respondent No. 5 and to withdraw the same.
4. The Indian Police Service (Appointment by Promotion) Regulations, 1955 (Regulations of 1955) deal with promotions to I.P.S. service. Regulation 5 concerns the preparation of a list of suitable officers. The Government of India’s Decision below Rule 5 of the Regulations of 1955 in clause 1.
The integrity certificate issuance is a procedural matter and does not preclude independent assessment by the Selection Committee regarding an officer's suitability for promotion.
The issuance of integrity certificates must be based on a thorough examination of the officer's conduct and pending legal matters, with judicial review limited to cases of mala fides or serious proce....
Promotion to selection posts must be based on merit rather than seniority; the government is not obliged to promote an officer if deemed unsuitable.
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