## **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT**
**THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR**
**&**
**THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. WEDNESDAY, THE 24[TH] DAY OF AUGUST 2022 / 2ND BHADRA, 1944 OP(KAT) NO. 242 OF 2022**
**AGAINST THE ORDER DATED 07.04.2022 OF THE KERALA**
**ADMINISTRATIVE TRIBUNAL**
## **PETITIONER/APPLICANT:**
SANEESH KUMAR T.H.,AGED 35 YEARS S/O. HARIDAS, THRISSURKARANHOUSE, VELAPAYA, MULAMKUNNATHUKAVU P.O., THRISSUR, PIN - 680581 BY ADVS. SHABU SREEDHARAN SIDHARTHAN V.K. JINSON OUSEPH CHITRA VIJAYAN ABDUL HAMEED NIMISHA GEORGE APARNA M. NAIR
## **RESPONDENTS:**
1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, HOME (SSB) DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 STATE POLICE CHIEF POLICE HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695010 3 ADDITIONAL DIRECTOR GENERAL OF POLICE (INTELLIGENCE),POLICE HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695010 4 COMMANDANT KERALA ARMED POLICE 2ND BATTALION, MUTTIKULANGARA, PALAKKAD, PIN - 678594
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5 DISTRICT OFFICER KERALA PUBLIC SERVICE COMMISSION, THRISSUR, PIN - 680020
BY SR GP SRI.B UNNIKRISHNA KAIMAL
**THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 24.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
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## **A.K.JAYASANKARAN NAMBIAR & MOHAMMED NIAS C.P., JJ ------------------------------------------------------------------** OP(KAT) No.242 of 2022
-------------------------------------------Dated this the 24[th] day of August, 2022
## **JUDGMENT**
## Mohammed Nias.C.P.. J.
The above original petition is filed by the applicant before the Tribunal who was included in the rank list of Civil Police Officer (Police Constable) (APB) – KAP II Battalion (Thrissur) as rank No.742 and who was advised for the post and had reported for the medical examination successfully. On 5.10.2020, the petitioner while filling the Verification Roll, in which he was required to give the full particulars of the cases in which he was involved and imposed a payment of fine, he had only given the number of the cases and omitted to give other details. Further details were given only on 16.10.2020. A show cause notice (Annexure A3) was issued by the first respondent on 5.10.2021, which led to an order prohibiting the petitioner's appointment for the post mentioned above on the ground of non- furnishing of the details sought. Annexure A4 explanation given by the applicant was not accepted by the first respondent who as per Annexure A12 order found the appellant not suitable for the post, debarring him from employment in the police department invoking Rule 10(b)(iii) of Part II KS & SSR. The petitioner had approached the Tribunal by filing OA(EKM) No.1673 of 2021, which
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was dismissed. The petitioner also unsuccessfully filed a review application RA (EKM) 19 of 2021 which also was dismissed. Aggrieved by the dismissal of the above, this original petition is filed.
2. It was the contention of the petitioner before the Tribunal that Annexures A5 to A11 would show that the applicant was involved only in minor offences and all of them were sentenced with payment of fine and were remitted by the petitioner and therefore the same cannot be taken as a ground for denial of employment. It is his further argument that those crimes not involve proclivity for violence, which alone can be the ground for disqualifying going by Section 86(i)(b) of the Kerala Police Act, 2011. He also cited the decision in **Avtar Singh v. Union of India** [2016(4) KHC 359] to substantiate his contentions.
3. The Tribunal on consideration of Annexure A12 and the pleadings, noted that out of the seven crimes registered against him, four involved drunken driving and were offences under Section 279 IPC r/w 185 of the Motor Vehicles Act. Two crimes were registered for drinking in public place and behaving in an unruly manner and one criminal case was for rash and negligent driving in a manner which would cause hurt to others. The Tribunal found that the criminal cases were registered during 2010 to 2017 and that the applicant was not involved in any of the crimes after 2017 when he applied for the post pursuant to the notification. The Tribunal also
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found that though he had mentioned about the case number of criminal cases, he had failed to provide details as to the offences and conviction in the matter and therefore, Annexure A12 cannot be faulted and thus dismissed the original application.
4. The petitioner had preferred a review application contending that the Tribunal has wrongly noted that the petitioner was involved in criminal cases when the selection process was under way and that the Tribunal did not take note of Section 86(i) of the Police Act, 2011 and also the fact that the offences alleged were trivial in nature. The Tribunal found the first contention in the review to be factually wrong and also found that there was an inclination for the petitioner to repeatedly involve in the offence of the same nature and the said act cannot be considered to be trivial and accordingly, rejected the review petition.
5. In this original petition before us, the learned counsel for the petitioner vehemently argued that the petitioner had disclosed the pendency of cases against him and further details could not be given as he was not in possession of the same. It was not a case of suppression in which event he would not have furnished the details of the case.
6. We had directed the learned Government Pleader to
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produce the entire files relating to the selection. The learned Government Pleader submits from the files that in the relevant column the applicant was obliged to state every particular about the cases in which he was involved and punished which admittedly was not done and was given only later. Annexure A10 clearly mentions that in the application dated 5.1.2022, only Summary Trial (ST) numbers were given from which no detail was discernible. It was only in the report of the Additional Director General of Police (Intelligence) that the nature of cases in which the petitioner was involved was noticed and opined that the petitioner was unfit to be appointed in the police service in the wake of the nature of the cases in which he was involved. The learned Government Pleader further submits that it was the duty on the part of the petitioner to fill in the application form giving the details as sought for as it was for a specific purpose namely to find the suitability of appointing the petitioner to the police force.
7. On a consideration of the arguments made by the learned counsel for the petitioner and that of the Government Pleader, we are not in a position to hold that the order of the tribunal is vitiated on any count warranting interference. Admittedly, the petitioner did not furnish any detail in the relevant column except the case numbers which were not sufficient for the purpose for which the information was sought. The reasons given by the Tribunal to uphold Annexure A12 are tenable and the impugned order calls for
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no interference.
The original petition (KAT) fails and the same is accordingly
dismissed.
Sd/-
## **A.K.JAYASANKARAN NAMBIAR, JUDGE**
Sd/-
**MOHAMMED NIAS C.P., JUDGE**
dlk 24.8.2022
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## **APPENDIX OF OP(KAT) 242/2022**
EXHIBIT-P1 THE TRUE COPY OF THE OA(EKM)NO. 1673/2021 ALONG WITH THE ANNEXURES A1 TO A13 THEREIN FILED BY THE PETITIONER BEFORE THE KAT, ERNAKULAM BENCH DATED 20.10.2021.
ANNEXURE-A1 TRUE COPY OF THE RELEVANT PAGES OF THE RANK LIST NO. 371/2019/DOR CAT. NO. 657/2017 FOR THE POST OF POLICE CONSTABLE (APB)-KAP II BATTALION (THRISSUR) SHOWING THE NAME OF THE PETITIONER
ANNEXURE-A2 TRUE COPY OF THE LETTER NO. A2(A)-11949/2020/KAP-II DATED 25-09-2020 ISSUED BY THE 5 RESPONDENT.TH
ANNEXURE-A3 TRUE COPY OF THE SHOW CAUSE NOTICE NO. SSB3/127/2021/HOME DATED 05/04/2021 ISSUED TO THE PETITIONER.
ANNEXURE-A4 TRUE COPY OF THE REPLY DATED 16/04/2021 BY THE PETITIONER TO THE 1 RESPONDENTST
ANNEXURE-A5 TRUE COPY OF THE CERTIFICATE DATED 07.10.2020 ISSUED BY THE OFFICE OF THE JFCM, WADAKKANCHERY SHOWING THE REMITTANCE OF FINE OF RS. 2000/- IN ST 532/10
ANNEXURE-A6 TRUE COPY OF THE CERTIFICATE DATED 07.10.2020 ISSUED BY THE OFFICE OF THE JFCM, WADAKKANCHERY SHOWING THE REMITTANCE OF FINE OF RS. 2250/- IN ST 2903/12
ANNEXURE-A7 TRUE COPY OF THE CERTIFICATE DATED 05.10.2020 ISSUED BY THE OFFICE OF THE JFCM-I, THRISSUR SHOWING THE REMITTANCE OF FINE OF RS. 2000/- IN ST 6420/12.
ANNEXURE-A8 TRUE COPY OF THE CERTIFICATE DATED 05.10.2020 ISSUED BY THE OFFICE OF THE JFCM-I, THRISSUR SHOWING THE REMITTANCE OF FINE OF RS. 500/- IN ST 1805/15.
ANNEXURE-A9 TRUE COPY OF THE CERTIFICATE DATED 05.10.2020 ISSUED BY THE OFFICE OF THE JFCM, CHAVAKKAD SHOWING THE REMITTANCE OF FINE OF RS. 750/- IN ST 6484/2015
ANNEXURE-A10 TRUE COPY OF THE CERTIFICATE DATED 11/11/2020 SHOWING THE REMITTANCE OF RS. 1500/- IN ST 4257/16 AT THE OFFICE OF THE JFMC, WADAKKANCHERY
ANNEXURE-A11 TRUE COPY OF THE CERTIFICATE DATED 11/11/2020 SHOWING THE REMITTANCE OF RS. 1500/- IN ST 4000/17 AT THE OFFICE OF THE JFMC, WADAKKANCHERY
ANNEXURE-A12 TRUE COPY OF THE G.O.(RT.) NO. 1783/2021/HOME DATED 25.06.2021 ISSUED BY THE 1 RESPONDENT PROHIBITING THE PETITIONER'S APPOINTMENT TO THE POST OF CIVIL POLICE OFFICER (POLICE CONSTABLE) (APB)-KAP II BATTALION (THRISSUR).
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ANNEXURE-A13 TRUE COPY OF THE REPRESENTATION DATED 01.10.2021 SUBMITTED BY THE PETITIONER TO THE 1 RESPONDENT.
EXHIBIT-P2 THE CERTIFIED COPY OF THE ORDER IN OA (EKM) NO. 1673/2021 DATED 25.10.2021 OF KERALA ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH
EXHIBIT-P3 THE TRUE COPY OF THE RA(EKM) 19/2021 IN OA(EKM)NO. 1673/2021 ALONG WITH THE ANNEXURES RA1 TO RA5THEREIN FILED BY THE PETITIONER BEFORE THE KAT, ERNAKULAM BENCH DATED 16.12.2021
ANNEXURE-RA1 THE TRUE COPY OF THE ORDER IN OA (EKM) NO. 1673/2021 DATED 25.10.2021 OF KERALA ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH
ANNEXURE-RA1(A) TRUE COPY OF THE JUDGMENT DATED 23.11.2021 IN OP(KAT) NO. 318 OF 2021 OF THIS HON’BLE COURT. 91-96 ANNEXURE-RA2 TRUE COPY OF THE ORDER IN OA(EKM) 1782/2020 DATED 15.06.2021 OF KERALA ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH
ANNEXURE-RA3 TRUE COPY OF THE ORDER IN OA(EKM) 1367/2021 DATED 18.08.2021 OF KERALA ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH
ANNEXURE-RA4 TRUE COPY OF THE ORDER IN OA(EKM) 1393/2021 DATED 10.09.2021 OF KERALA ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH 113120
ANNEXURE-RA5 TRUE COPY OF THE PSC NOTIFICATION CALLING FOR THE POST OF CIVIL POLICE OFFICER (POLICE CONSTABLE) WITH CATEGORY NUMBER 657/2017 AS PER EXTRA ORDINARY GAZATTE DATED 30.12.2017
EXHIBIT-P3 CERTIFIED COPY OF THE ORDER IN RA(EKM) 19/2021 IN OA (EKM) NO. 1673/2021 DATED 07.04.2022 OF KERALA ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH
