Kerala High Court
Renjith Benny vs State Of Kerala on 8 November, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
WP(CRL.) NO. 1206 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946
WP(CRL.) NO. 1206 OF 2024
PETITIONER :
RENJITH BENNY
AGED 33 YEARS
S/O.BENNY, RESIDING AT T.C.NO. 71/614,
BEEMAPALLY, VALLAKADAVU, P.O,
THIRUVANANTHAPURAM, PIN - 695 008
BY ADV HAIRA
RESPONDENTS :
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
HOME DEPARTMENT, MAIN BLOCK,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
2 STATE POLICE CHIEF
POLICE HEAD QUARTERS,
VAZHUTHACADU, THIRUVANANTHAPURAM,
PIN - 695010
3 ASSISTANT COMMISSIONER OF POLICE
SPECIAL BRANCH, THIRUVANANTHAPURAM DISTRICT,
POLICE HEAD QUARTERS, VAZHUTHACADU,
THIRUVANANTHAPURAM, PIN - 695010
4 STATION HOUSE OFFICER
VALIATHURA POLICE STATION,
THIRUVANANTHAPURAM CITY,
PIN - 695008
WP(CRL.) NO. 1206 OF 2024
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SMT. SREEJA V., PUBLIC PROSECUTOR
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 08.11.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
WP(CRL.) NO. 1206 OF 2024
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BECHU KURIAN THOMAS, J.
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W.P.(Crl.) No.1206 of 2024
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Dated this the 8th day of November, 2024
JUDGMENT
Petitioner is an applicant for a post in the Thiruvananthapuram
Domestic Airport. For the purpose of processing his application,
petitioner was asked to submit a certificate of non-involvement in
offences from the police. However, when the petitioner applied for such a
certificate, he was issued with a certificate mentioning it as 'NIOC -
Rejection Notice' after referring to three cases. Petitioner challenges the
aforesaid rejection notice and contends that the same is perverse since
out of three cases mentioned therein, two of them have already been
disposed of and that the term 'rejection notice' would cause prejudice to
him.
2. I have heard Adv.Haira Solomon, appearing for the petitioner
as well as Smt.Sreeja V., the learned Public Prosecutor.
3. In few similar cases, this Court has, after considering the
provisions of Section 59 of the Kerala Police Act, 2011 (for short, 'the
Act'), observed that it is not the intention of the said statutory provision
that when a criminal case is pending against an accused, he should be
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denied even an opportunity to attempt obtaining an employment. In
cases where a certificate from the police is required, the existence of a
criminal case or otherwise can be mentioned in the certificate to enable
the employer to decide whether to provide the employment or whether
the nature of offence alleged against the applicant would be detrimental
to the scope of employment proposed. Instead of mentioning the details
or the stage of cases the certificate was issued styled as a rejection
notice, which would only befall prejudice to an applicant.
4. In W.P.(Crl.) No.173 of 2023, this Court had directed the
police to issue a certificate as contemplated under Section 59 of the Act
specifying the existence of a criminal case, if any, along with its number,
the type of offence, the name of the court. It has also been observed in
some of the other cases that the certificate should not use a term
'rejection notice' and instead, it can be issued with the title 'involvement/
non-involvement in offences certificate'. It is also appropriate that the
certificate mentions the stage of the case as to whether it is pending or
disposed of.
In view of the above, NIOC rejection notice issued to the
petitioner dated 06.09.2024 and produced as Ext.P9 is set aside and
direct the 3rd respondent to issue a fresh certificate styled as
'involvement/ non-involvement of offences' specifying whether the
applicant is involved in any criminal case and if so, the nature of offence,
the name of the court and also stage of the proceeding. The needful
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shall be done, within a period of ten days from the date of receipt of a
copy of this judgment.
The writ petition is allowed as above.
Sd/-
BECHU KURIAN THOMAS, JUDGE
RKM
WP(CRL.) NO. 1206 OF 2024
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APPENDIX OF WP(CRL.) 1206/2024
PETITIONER'S EXHIBITS :
Exhibit 1 THE TRUE PHOTOSTAT COPY OF THE APPLICATION
DATED 06-09-2024 SUBMITTED BY THE
PETITIONER BEFORE THE 3RD RESPONDENT.
Exhibit 2 THE TRUE PHOTOSTAT COPY OF THE FINAL
REPORT IN C.C.NO. 1306 OF 2019 ON THE
FILES OF THE JUDICIAL FIRST CLASS
MAGISTRATE COURT, THIRUVANANTHAPURAM.
Exhibit 3 THE TRUE PHOTOSTAT COPY OF THE REJECTION
NOTICE DATED 26-09-2024.
Exhibit 4 THE TRUE PHOTOSTAT COPY OF THE JUDGMENT
DATED 15-03-2023 IN W.P(CRL).NO. 173 OF
2023.
