V. Praveen vs State Of Kerala
2021 Latest Caselaw 23294 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR. JUSTICE SUNIL THOMAS
THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, 1943
                      WP(C) NO. 23529 OF 2021
PETITIONER:

     1       V. PRAVEEN
             AGED 61 YEARS
             13F, ANTA MARVEL APARTMENT, KANNADIKKADU,
             MARADU POST, ERNAKULAM-682 304.

             BY ADV V. PRAVEEN(Party-In-Person)

RESPONDENTS:

     1       STATE OF KERALA
             REPRESENTED BY THE SECRETARY, HOME DEPARTMENT,
             GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

     2       THE ADDITIONAL CHIEF SECRETARY,
             HOME & VIGILANCE, ROOM NO 357-A, MAIN BLOCK, GOVT
             OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

     3       KERALA STATE POLICE COMPLAINT AUTHORITY,
             COTTON HILL, VAZHUTHACAUD, THIRUVANANTHAPURAM-695
             014, REPRESENTED BY ITS CHAIRMAN

             BY ADVS.
             SHRI. V.VENUGOPAL, GP
             SHRI.P.NARAYANAN, ADDL.PUBLIC PROSECUTOR
             DIRECTOR GENERAL OF PROSECUTION

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   25.11.2021,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WPC NO.23529 OF 2021
                                         2




                                  JUDGMENT

Dated this the 25th day of November, 2021

The petitioner in person was an applicant to the

post of Chief Investigation Officer under the Kerala

State Police Complaint Authority pursuant to Ext.P1

notification. The petitioner was called for the

interview along with another person. However, he

was not selected. Contending that, he was qualified

and was the most eligible person among the

candidates, and the only candidate who possessed

LLB degree, the petitioner has approached this Court

challenging the rejection of his application.

2. Heard the petitioner in person and the

learned Government Pleader.

3. It was submitted by the learned

Government Pleader that after initial round of

verification of records, out of nine candidates, seven

were found to be disqualified and remaining two

including the petitioner were called for an interview. WPC NO.23529 OF 2021

It was found that both the candidates did not satisfy

the requisite and desirable qualifications as

contemplated under Ext.P1. They did not also

possess the experience to satisfy the job description

under Ext.P1.

4. The learned Government Pleader invited my

attention to the experience disclosed by the petitioner

in Ext.P2 at column 12. It shows that he was the

Deputy Director of Enforcement Directorate, Calicut,

Assistant Director, Narcotics Control Bureau of

Bangalore and various other posts in the Income Tax

Appellate Tribunal under Ministry of Law and Justice

and the Food Inspector, Government of Kerala. He

was an Intelligence Officer of Intelligence Bureau, had

obtained training in Gathering of Intelligence, Security

of State etc. Though he possessed desired

educational qualification, he did not satisfy the

experience in the field for which he was expected to

have the experience, it was contended by the learned

Government Pleader.

WPC NO.23529 OF 2021

5. To substantiate it, the learned Government

Pleader invited my attention to the job description

provided in Ext.P1. The job description is as follows:

"Investigate custodial violence including all types

of physical and mental torture inflicted upon a person

in police custody by a police personnel. Draft

investigation plan for early identification of issues by

assessing the scope and determining the methodology

and techniques required to carry out a thorough and

effective investigation. Obtain facts or statements

from complainants, witnesses and accused persons,

record interviews using recording device. Monitor

conditions of victims who are unconscious so that

arrangements can be made to take statements if

consciousness is regained. Organize scene search,

analyze data, Station House GD, technical information,

medical, postmortem report, Inquest report to

determine what additional information and investigate

work are needed. Record progress of investigation,

maintain data informational files on suspects safely,

submit timely reports to Chairperson, SPCA. Liaison

with officers of police department in connection with

investigation of all complaints. Maintain surveillance to WPC NO.23529 OF 2021

obtain information on suspects. The position requires

regular travel depending on investigation

requirements. All other duties related to investigations

are as required."

Under the heading "desirable", the experience

required was:

"Senior level experience in the field of criminal

law, analyzing information, crime data, information

gathering, office management, investigation or

intelligence, thorough knowledge in criminal justice

process, national security, enforcement etc.

6. Considering the experience which the

petitioner has disclosed in his bio-data, clearly show

his investigating capacity was essentially confined to

offences under the Minor Statute as well as Fiscal

Statutes. He did not have any investigative

experience under the Cr.P.C., into offences committed

under the major Penal Law which is the Indian Penal

Code.

Essentially considering this with the job

requirement, I find no reason to take a different view WPC NO.23529 OF 2021

from the reasoning given by the Committee that he

did not possess the requisite experience as required

for the job which he was expected to discharge.

Having considering this, I find no merits in the Writ

Petition, which fails and is accordingly dismissed.

Sd/-

SUNIL THOMAS

JUDGE SKP/25-11 WPC NO.23529 OF 2021

APPENDIX OF WP(C) 23529/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE NOTIFICATION NO. HOME-

SSA5/234/2017-HOME DATED 23.9.2021 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P2 TRUE COPY OF THE APPLICATION DATED NIL SUBMITTED BY THE PETITIONER

EXHIBIT P3 TRUE COPY OF THE LETTER DATED 7.7.201 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER

EXHIBIT P4 TRUE COPY OF THE COMMUNICATION DATED 26.7.2021 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER

EXHIBIT P5 TRUE COPY OF THE ORDER OF THIS HON'BLE COURT IN WPC NO 14170/2021 DATED 13.8.2021

EXHIBIT P6 TRUE COPY OF THE LETTER DATED 27.8.2021 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT TO THE PETITIONER

EXHIBIT P7 TRUE COPY OF THE APPLICATION DATED 7.9.2021 SUBMITTED BY THE PETITIONER BEFORE THE PUBLIC INFORMATION OFFICER IN THE OFFICE OF THE 2ND RESPONDENT

EXHIBIT P8 TRUE COPY OF THE REPLY ISSUED BY THE STATE PUBLIC INFORMATION OFFICER TO THE PETITIONER DATED 30.9.2021

EXHIBIT P9 TRUE COPY OF THE CERTIFICATE OF COMPLETION AWARDED TO THE PETITIONER IN "ADVANCE DISC FORENSICS" FROM NATIONAL POLICE ACADEMY HYDERABAD DATED 26.8.2016

EXHIBIT P10 TRUE COPY OF THE CERTIFICATE RELATING TO "WORKSHOP ON LEGAL ISSUES" CONDUCTED BY THE ENFORCEMENT DIRECTORATE IN JULY 2016

EXHIBIT P11 TRUE COPY OF THE CERTIFICATE ISSUED FOR THE TRAINING IN THE ENFORCEMENT WPC NO.23529 OF 2021

DIRECTORATE, NEW DELHI IN THE MONTH OF APRIL, 2016

EXHIBIT P12 TRUE COPY OF THE CERTIFICATE OF PARTICIPATION AWARDED TO THE PETITIONER IN "BASIC COURSE IN CYBER CRIMES" IN APRIL, 2016, BY THE NATIONAL POLICE ACADEMY HYDERABAD

EXHIBIT P13 TRUE COPY OF THE CERTIFICATE OF PARTICIPATION IN A SEMINAR ON DELAY IN CRIMINAL TRIAL, ISSUED BY NATIONAL INSTITUTE OF CRIMINOLOGY AND FORENSIC SCIENCE, NEW DELHI IN JANUARY 2017

EXHIBIT P14 TRUE COPY OF THE CERTIFICATE ON "DRUG LAW ENFORCEMENT" AWARDED TO THE PETITIONER BY NATIONAL ACADEMY OF CUSTOMS EXCISE AND NARCOTICS, FARIDABAD IN DECEMBER, 2013

EXHIBIT P15 TRUE COPY OF THE CERTIFICATE FOR PARTICIPATION IN THE AVIATION SECURITY, AWARENESS PROGRAMME ON 3.12.2013, ISSUED BY BANGALORE INTERNATIONAL AIRPORT LIMITED TO THE PETITIONER

EXHIBIT P16 TRUE COPY OF THE CERTIFICATE ON SUCCESSFUL COMPLETION OF THE COURSE "DESKTOP MANAGEMENT SKILLS" ISSUED TO THE PETITIONER ON 5.2.2001

RESPONDENTS EXHIBITS:NIL

TRUE COPY

P.A.TO JUDGE