IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 15644 of 2010(E)
1. SHAJIMON R.
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.S.SANTHOSH KUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :21/05/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NOs. 15644 & 15645 OF 2010 (E)
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Dated this the 21st day of May, 2010
J U D G M E N T
Petitioner in WP(C) No.15644/2010 was advised by the PSC
for appointment as Police Constable in the Armed Police IV
Battalion. It is stated that he is not deputed for training for the
reason that he is accused in C.C.No.355/2010 pending before the
J.F.M.C-1 Kollam.
2. Petitioner in WP(C) No.15645/10 submits that he is
advised for recruitment as Police Constable in the Armed Police IV
Battalion. He submits that he is not deputed for training for the
reason that he is accused in four different criminal cases
(C.C.No.2359/2007 and C.C.No.2543/2008)
3. The contention raised by the petitioners is that for the
mere reason that they are accused in criminal cases, which are
pending trial, they cannot be excluded from training. For this
purpose, they 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).
4. In several cases of this nature, orders have been
WPC Nos. 15644 & 15645/10
:2 :
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 petitioners to attend the
ensuing training after following the procedure prescribed therefor
and other Rules relating to the same. It is clarified that if the
petitioners are finally found ineligible based on the judgment of
the Criminal Court to enter or continue in Government service as
Police Constables, the respondents will be free to take appropriate
action including to recover the entire expenses incurred by the
State for providing training to the petitioners. It is also directed
that the petitioners shall execute a bond undertaking that they
shall refund the entire amount incurred by the Government for
the purpose of their training. Upon execution of such bond, along
with others, they shall also be permitted to attend training.
5. Petitioners may produce a copy of this judgment
before the concerned Commandant for compliance.
Writ petitions are disposed of as above.
ANTONY DOMINIC, JUDGE
Rp