STATE OF KERALA Vs. DURGADAS

JUDGEMENT

(1.) "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 Ss. 419, 452, 307 and 506 (ii) of IPC. During the trial, none of the witnesses supported the prosecution case. Accordingly, he was acquitted under Sec. 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]).