STATE OF KERALA Vs. DURGADAS AND OTHERS

JUDGEMENT

(1.) The State as well as the other respondents in O.A. (Ekm) No. 744/2018 of the Kerala Administrative Tribunal, Thiruvananthapuram (KAT for short) have filed this Original Petition challenging exhibit P2, interim order dated 23.03.2018 passed by the KAT. The Original Application was filed by the first respondent aggrieved by Annexure A12 order of the Government dated 13.03.2018. The first respondent is a candidate selected for appointment to the post of Police Constable in the India Reserve Battalion, Thrissur. An enquiry into his character and antecedents revealed that he was an accused in crime No. 887 of 2012 of the Anchalummoodu Police Station. The offences alleged were under Sections 419, 452, 307 and 506(ii) IPC. During trial, the complainant and other witnesses turned hostile and the first respondent was acquitted by the Assistant Sessions Court, Kollam on 16.02.2017 in SC No. 994 of 2014. Considering the above circumstances, the Government decided that the character and the antecedents of the first respondent were not satisfactory and that he was not suitable for appointment as a Police Constable to the Police department. It was challenging exhibit A12 that the first respondent had approached the KAT.

(2.) As per the impugned order exhibit P2, the KAT found that the training of a batch of Police Constables was about to commence and that, the prospects of having a training conducted at a later point of time was bleak. There was no impediment in permitting even persons involved in the criminal cases to undergo training on condition that appointments would be made only if they are acquitted of the criminal cases. Since the first respondent had been acquitted of the criminal case in the present case, he was permitted to participate in the training, provisionally along with the present batch.

(3.) This O.P.(KAT) was filed by the petitioners challenging the said interim order of the KAT. This case was admitted on 27.04.2018. On 04.05.2018, a stay of operation of the impugned order was granted for a month. The interim order has been continuing.