SHAFEEK. S Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner was advised by the Kerala Public Service Commission (PSC) for the post of Police Constable/Civil Police Officer in the Kerala Armed Police, 5th Battalion. However, during verification, he disclosed that he had been implicated in three criminal cases, which initially led to his non-appointment. He challenged this decision before the Kerala Administrative Tribunal, which directed the respondents to send him for training, stipulating that he would be permanently appointed only if he was acquitted of all charges. During the training period, he informed the authorities that he had been again implicated in two additional cases, following which he was retrenched from service.

(2.) Subsequently, the petitioner was acquitted in all the cases. However, through Ext. A13 proceedings, the Government debarred him from appointment in the Civil Police Officer cadre, citing the interdiction in Rule 10(b)(iii) of Part II of the Kerala State and Subordinate Services Rules (KS&SSR). The petitioner again approached the Tribunal, contending that none of the alleged offences involved proclivity of violence or moral turpitude and that all the cases were fabricated at the behest of his neighbours. Relying on Sec. 86(2) of the Kerala Police Act, 2011, he claimed that he was entitled to permanent appointment and challenged Annexure A13, seeking a direction to appoint him as a Police Constable/Civil Police Officer.

(3.) The Tribunal rejected his claim, noting that the allegations involved physical assaults using deadly weapons. Although the cases resulted in acquittal, the Tribunal observed that it occurred when the witnesses turned hostile or when the petitioner settled the matters.