A SURESH Vs. KERALA PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) Common issues arise for consideration in these writ petitions and therefore, they have been heard together and are disposed of by this common judgment. In the nature of the issues which have been raised for consideration and in the nature of the submissions made, I do not think it is necessary to undertake a detailed appraisal of the facts in each one of these cases. But, for the sake of convenience, I will refer to the facts in Writ Petition No.33572/2007.

(2.) The petitioner, on retirement from the Army, registered his name in the Employment Exchange. He was selected for appointment to the post of Police Constable Driver on the basis of advice by the third respondent and was called for medical examination. He reported for the same. But subsequently, he came to know that other persons, who attended the medical examination, were issued orders of appointment, but he was not included therein. He came to know that his non inclusion is on account of the pendency of C.C.No.143/2007 before the Judicial Magistrate of First Class-I Kochi, involving offences punishable under Sections 279 and 304 IPC read with Section 181 of the M.V. Act petitioner contends that mere pendency of the criminal case should not stand in the way of the petitioner being offered appointment. He has therefore, approached this Court praying for a direction that he should be sent for training as Police Constable pursuant to Ext.P1, which is the proceedings of the Commissioner of Police provisionally selecting him for appointment to the post of Driver PC, subject to verification of character and antecedents. An interim order was passed by this Court on 14.11.2007, requiring the petitioner to be sent for training subject to the conditions prescribed therein.

(3.) Counter affidavit has been filed by the respondents pointing out that the petitioner is an accused in C.C.143/2007 and this was considered by the Government as making him unfit for appointment in Government service. "Appointing an individual, who is involved in a criminal case or who has a criminal background, will affect the morale of the police force". Petitioner is undergoing training pursuant to the interim order of this Court.