CHRISTOPHER JOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner was advised by the 2nd respondent under Ext. P1 for recruitment as Police Constable in the Police Department. He was rank-holder No. 319. Petitioner has come to know that all persons who were advised along with the petitioner by the Public Service Commission were called for training. But the petitioner was not called for training. Hence he filed this O.P. for a writ of mandamus directing the respondents to admit the petitioner for training and also to declare that he is entitled to undergo training.

(2.) Respondent No. 4 filed a counter affidavit stating that the petitioner is involved in Crime No. 314 of 1994 of Vellarada Police Station registered for the offences under S.143, 147, 148, 149, 435, 427, 324, 326, 332 and 307 IPC. After investigation the charge sheet was filed in Court on 26.2.1998 and is pending trial before the Judicial First Class Magistrate Court - III, Neyyattinkara. The fact was suppressed by the petitioner in column 19(a) and (b) of the verification roll filled up by him on 26.9.1994.

(3.) As per G.O.(P) 161/69/Home and G.O.(P) 314/94/Home dated 26.12.1994, the Superintendent of Police or Commissioner of Police has to verify the character and antecedents of the candidates advised for appointment in government service before admitting to the training course. In case the report is adverse to the candidate the Superintendent of the Police or Commissioner of Police should forward the report with the connected records to the Inspector General of Police (Intelligence), Thiruvananthapuram. He has to forward all adverse reports to the Government in Home Department Along with the adverse report the Inspector General of Police (Intelligence) should furnish necessary details also. Where a criminal case is pending against a candidate the verification report need be forwarded to Government only after the case is finally disposed of by the court. No direction has been received from the Inspector General of Police to admit the petitioner for the training.