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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.MUHAMED MUSTAQUE, MR.JUSTICE P. KRISHNA KUMAR, JJ
AKHIL P., S/o. PANKAJAKSHAN NAIR – Appellant
Versus
STATE OF KERALA – Respondent
JUDGMENT
P.Krishna Kumar, J.
O.P.(KAT)No.504/2024
The petitioner, who was advised by the Public Service Commission for appointment as a Police Driver, was not called for training alleging that he had indulged in certain criminal cases and thus his character and antecedents are not befitting to the said post. The petitioner challenged Annexure A9 communication in this regard by contending that the three criminal cases in which he was implicated had occurred as part of his student life activities at Mahatma Gandhi College, Thiruvananthapuram and the actual allegations made against him were only of a trifling nature.
2. He also contended that among the three cases, two cases were already over as he pleaded guilty to the charges and he was sentenced to pay a fine of Rs.1,900/- each. In the third case, he was acquitted by the Assistant Sessions Judge, Thiruvananthapuram, after a full-fledged trial by Annexure A4 judgment, on finding that none of the witnesses including the police officials were able to identify any of the accused persons. He also attempted to clarify that the Verification Roll which he had to submit before joining the service was in a bilingual proforma and the terms used i
The court ruled that trivial criminal offenses should not disqualify candidates for public employment, emphasizing the need for objective assessment of character and circumstances surrounding past of....
Character verification for public service must consider the nature of past allegations and acquittals, rejecting mechanical disqualification based solely on prior criminal cases.
The court emphasized that reliance on superseded circulars for denying employment based on pending criminal cases is erroneous, requiring objective assessment of each candidate's suitability.
The court established that pending criminal cases should not automatically disqualify candidates; a contextual evaluation of the offenses is essential.
The cancellation of a candidate's selection based solely on the registration of a criminal case, without evidence of complicity, is unjustified and reflects a lack of proper consideration of the fact....
Post of Constable in Police - Recruitment process - Criminal cases was in no way connected with each other. Criminal cases were instituted by different parties for separate offences. Multiplicity of ....
(1) Termination – Employer has discretion to terminate or condone an omission in disclosure made by a candidate – Even if a truthful disclosure has been made, employer is well within its right to exa....
The appointing Authority must consider the antecedents of a candidate acquitted in a criminal case and conduct a detailed probe before making a decision.
A pending criminal case does not automatically disqualify a candidate for employment unless it directly impacts their suitability for the role.
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