DASSAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner was selected for recruitment as a peon by the Public Service Commission. THE memorandum in that behalf is Ext. P2 dated 27-5-1961.

(2.) THE order of appointment is Ext. P-3 dated 27-7-1961. It says that the petitioner "is provisionally appointed as Peon in that office of the Sales Tax Officer, Manantoddy. "

(3.) THE affidavit on behalf of the State dated 27-8-'63 says: "on verification of the character and antecedents of the petitioner through the prescribed channels it was found that he was not suitable for appointment to Government Service. THE petitioner's services which were merely provisional were therefore terminated by the respondent. " THEre is a further affidavit on behalf of the State, an affidavit affirmed by the Home Secretary on 16-11-1963. That affidavit says: "the Government's conclusion in regard to the petitioner's character and antecedents was based upon the report of the Deputy inspector General of Police, C. I. D. and Railways, Trivandrnm. THE petitioner's allegation that irrelevant and extraneous considerations have weighed with the government in coming to its conclusion on the character and antecedents of the petitioner are incorrect and devoid of any factual foundation. THE Government have the right to satisfy themselves about the suitability of a candidate with reference to his character and antecedents before entertaining him into its service. It is permissible for the Government to eschew a person from Public Service on grounds that he is likely to be disloyal or to abuse the confidence which will have to be reposed in him by virtue of the appointment. "