Police Service
Disqualification for appointment—Allegations in the criminal case can be considered independently to assess the character and integrity of a person—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—Mere registration of the criminal case will not enable the Government to disqualify such a person from becoming a member of service—Except the allegation of the prosecution, absolutely no materials were available to hold against the candidate—Conclusion arrived at by the Government to hold against candidature of respondent is erroneous and unsustainable—Finding of the Tribunal appointing respondent as a police constable is affirmed—Petition dismissed. [Kerala Police Act, 2011, Section 86]
[Para 8]
Decision : Petition dismissed