KARRA KRISHNA KUMAR Vs. STATE OF TELANGANA

JUDGEMENT

(1.) On 31-12-2015 recruitment notification was issued to recruit candidates to the post of Stipendiary Cadet Trainee Police Constable in Civil, Armed Reserve, SAR CPL, Special Protection Force and Firemen in Fire Service Department. The scheme of examination comprised of Preliminary examination, Physical Measurement Test, Physical Efficiency Test and final selection based on written examination. Petitioner applied on 17-01-2016. He belongs to ST category. Petitioner was successful in the written examinations as well as physical efficiency test and based on his performance, he was shortlisted for appointment as Stipendiary Cadet Trainee Police Constable in Armed Reserve of Medak District. After including his name in the provisional selection list, show cause notice was issued on 24-09-2017 informing that during antecedent verification it was found that he was involved in Cr.No.140 of 2016 of Narayankhed Police Station and that why his provisional selection should not be cancelled. On 04-05-2017 petitioner submitted his explanation explaining the background facts in institution of crime against petitioner and others and also contend that it was the brother of his father who filed false complaint as a counter blast to Cr.No.139 of 2016 lodged by his father and there was no truth in the allegations. By proceedings dated 14-06-2017 provisional selection of petitioner was cancelled by the recruitment board. On 30-07-2017 the 4th respondent also passed same order by cancelling his selection. On 06-07-2017 and on 12-07-2017 petitioner submitted representations to reconsider his candidature. Alleging inaction on such representations he filed WP.No.29868 of 2017 praying to direct the respondents to dispose of his representations made on 06-07-2017 and 12-07-2017. By memorandum dated 02-11-2017 the 2nd respondent cancelled orders dated 04-06-2017 cancelling the provisional selection. On 05-011-2018 petitioner submitted representation to the 2nd respondent informing him that in Cr.No.140 of 2016, charge sheet was filed and Court of Judicial Magistrate of First Class, Narayankhed took cognizance of charges levelled and registered the case as CC.No.84 of 2017. After conducting full trial, learned Magistrate pronounced judgment on 12-10-2018 holding that petitioner and three others found not guilty for the offences under Sections 448, 324, 325 and 504 read with Section 34 IPC. He, therefore, requested 2nd respondent to depute him for undergoing training and same request was made on 06-11-2018 to the Superintendent of Police. While so, on 17-12-2018 2nd respondent passed orders cancelling the provisional selection, impugned in this writ petition.

(2.) Learned counsel for the petitioner contends that 2nd respondent is only recruiting agency and its role confines to process of selection by issuing notification, conducting selections and drawing up selection list based on merit secured by the candidates. Once selections are finalized and selection list is drawn, 2nd respondent has no authority to deal with further aspects. Only the appointing authority is competent to deal with the issue of entitlement of petitioner for appointment and result of antecedent verification. Therefore, the order impugned in the writ petition is liable to be set aside on this ground alone.

(3.) He would further emphasize that the Supreme Court in Avatar Singh v. Union of India, 2016 8 SCC 471 issued detailed directions. In terms of direction in 38.5 only Employer is competent to deal with the issue of involvement in criminal case, where as selection of petitioner was cancelled by the Board. Therefore, on this ground also order is liable to be set aside.