Kerala HC rules govt cannot disqualify person from service if criminal case registered

Kochi: The Kerala High Court ruled that the government cannot disqualify a person from entering government service because a criminal case was registered.

It was the division of Justices A. Muhamed Mustaque and Shoba Annamma Eapen which also made it clear that an acquittal in a criminal case does not automatically entitle a candidate to join service either.

“We make it clear that in criminal cases where the prosecution cases end up in acquittal, if the Government cannot form an opinion based on the prosecution allegations and other materials including the finding entered by the criminal court as to the character of the person, the Government is bound to conduct separate enquiry as to the character antecedents of the person. Thus, mere registration of the criminal case will not enable the Government to disqualify such a person from becoming a member of service," stated the court.

The court made these observations while dismissing a petition filed by the state government challenging a Kerala Administrative Tribunal (KAT) order in favour of a man who sought to join the India Reserve Battalion Commando Wing as a police constable.

The KAT had allowed his appointment to Commando Wing following his acquittal in a criminal case filed by his estranged wife. Following which he approached the KAT after he was not allowed to join the service by citing his criminal antecedents.

Though the KAT ruled in his favour, the state government approached the high court challenging the KAT order.

The high court looking into the petition noted that all the witnesses in the criminal case filed against the constable, including the complainant (his wife), had turned hostile.

"Except the allegation of the prosecution, absolutely no materials were available to hold against the candidate. It is not safe to assess the character based on the prosecution allegations alone ... The Government could not have concluded that the character is bad to disqualify him from becoming a member of the service without any materials, merely based on prosecution allegations," the court added and the state's petition was dismissed.