IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 14867 of 2010(G)
1. MUNEERUDEEN,S/O.SAINULABDEEN,AGED 24
... Petitioner
Vs
1. THE STATE OF KERALA REPRESENTED BY ITS
... Respondent
2. THE KERALA PUBLIC SERVICE COMMISSION
3. THE DISTRICT OFFICER
4. THE COMMANDANT,A.P BATTALION
For Petitioner :SRI. K.SIJU
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :19/05/2010
O R D E R
ANTONY DOMINIC, J.
-----------------------------
W.P.(C) No.14867 OF 2010
------------------------------
Dated this the 19th day of May, 2010
J U D G M E N T
~~~~~~~~~~~
Petitioner was advised by the PSC for appointment as
Police Constable in Kerala Armed Police (APB). He submits that
he is not deputed for training for the reason that he is an
accused in Crime No.60/2007 on the file of Kilimanoor Police
Station, which has been charge sheeted as CC No.648/2007 on
the file of Judicial First Class Magistrate Court-II, Attingal.
2. The contention raised by the petitioner is that for the
mere reason that he is an accused in criminal case, which is
pending trial, he cannot be excluded from training. For this
purpose, he relies 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
WPC No14867/10 :2 :
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 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, he 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)
ps