IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 16545 of 2010(P)
1. SHIJU
... Petitioner
Vs
1. COMMANDANT SPECIAL ARMED POLICE
... Respondent
For Petitioner :SRI.R.T.PRADEEP
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :28/05/2010
O R D E R
ANTONY DOMINIC, J.
================
W.P.(C) NO. 16545 OF 2010 (P)
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Dated this the 28th day of May, 2010
J U D G M E N T
Petitioner submits that he is advised for recruitment as
Police Constable in the District-wise selection by Kerala Public
Service Commission. He submits that he is not deputed for
training for the reason that he is accused in Crime No.195/2010
of Aryancode Police Station.
2. The contention raised by the petitioner is that for the
mere reason that he is accused in criminal case, which is pending
trial, he cannot be excluded from training. For this purpose, he
rely on the judgments of this Court in Christopher Jose v. State
of Kerala (1999(3) KLT 285) and Suresh v. Public Service
Commission (2008(2) KLT 441).
3. In several cases of this nature, orders have been
passed by this Court directing that the petitioners be admitted for
training. In view of the above, and also following the principles
laid down by this Court in the aforesaid judgments, it is ordered
that the respondents shall permit the petitioner to attend the
ensuing training after following the procedure prescribed therefor
WPC No. 16545/10
:2 :
and other Rules relating to the same. It is clarified that if the
petitioner is finally found ineligible based on the judgment of the
Criminal Court to enter or continue in Government service as
Police Constable, the respondents will be free to take appropriate
action including to recover the entire expenses incurred by the
State for providing training to the petitioner. It is also directed
that the petitioner shall execute a bond undertaking that he shall
refund the entire amount incurred by the Government for the
purpose of his training. Upon execution of such bond, along with
others, the petitioner shall also be permitted to attend training.
4. Petitioner may produce a copy of this judgment before
the concerned Commandant for compliance.
Writ petition is disposed of as above.
ANTONY DOMINIC, JUDGE
Rp