Kerala High Court
State Of Kerala vs Anoop.N.K, Aged 37 Years on 23 October, 2024
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
OP(KAT) No.430/2024 1/5 Order Date : 23-10-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE P.M.MANOJ
Wednesday, the 23rd day of October 2024 / 1st Karthika, 1946
OP(KAT) NO. 430 OF 2024
AGAINST THE ORDER DATED 07.12.2023 IN OA NO. 662/2022 OF KERALA ADMINISTRATIVE
TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER(S)/RESPONDENTS 1 TO 5 IN OA:
1. TATE OF KERALA, THE PRINCIPAL SECRETARY TO GOVERNMENT, FOREST
DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, KERALA,
PIN-695001
2. THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HOME DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, KERALA, PIN-695001
3. H FOREST HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM, KERALA,
PIN-695014
4. PUNALUR, KOLLAM, KERALA, PIN-691305
5. MALAYATTOOR, KODANAD, ERNAKULAM, KERALA, PIN-683574
RESPONDENT(S)/APPLICANT & RESPONDENT IN OA:
1. ANOOP.N.K, AGED 37 YEARS, S/O. R. KOCHUNARAYANAN ACHARY,BEAT FOREST
OFFICER,FLYING SQUAD RANGE, PUNALUR (HQ PATHANAPURAM), KOLLAM
RESIDING AT ANIL BHAVAN,KOICKAL BHAGOM, PERUVELIKARA,WEST KALLADA,
KOLLAM,KERALA, PIN-691500
2. REPRESENTED BY SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM,
THIRUVANANTHAPURAM, KERALA, PIN-695004
OP Kerala Administrative Tribunal praying inter alia that in the
circumstances stated in the affidavit filed along with the OP(KAT) the
High Court be pleased to A. set aside Exhibit P5 order of the Tribunal in
OA No.662/2022 dated 07.12.2023 to the extent it ordered to usurp the
authority of the Home Department from assessing the suitability of a
candidate. B. declare that reporting os suitability of a candidate to be
assessed as per G.O(P) No.112/2006/home dated 31.07.2006 is with in the
Domain of the Home Department and under Rule 10(b) (iii) of KS&SSR. C. Any
other relief that may be found fit in the facts and circumstances of the
case.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of OP(KAT) and upon hearing the arguments
of GOVERNMENT PLEADER for the petitioners, the court passed the following:
OP(KAT) No.430/2024 2/5 Order Date : 23-10-2024
A.MUHAMED MUSTAQUE, J
&
P.M.MANOJ, J
---------------------------------------
OP (KAT) No.430 of 2024
-------------------------------------------------
Dated this the 23rd day of October, 2024
ORDER
A.MUHAMED MUSTAQUE, J
The matter relates to the verification of conduct
before the induction of a candidate advised into service by
the PSC. In this case, after the appointment, it has come
out that the appointee, who is the respondent herein,
involved in criminal cases and his appointment is sought
to be cancelled stating that, he has suppressed the fact
that he was involved in criminal cases. This was
challenged by the respondent before the tribunal. The
tribunal set aside the order after adverting to the judgment
of Apex Court in Avatar Singh v. Union of India &
others [(2016) 8 SCC 471] and directed to consider the
matter afresh . In that process the tribunal further opined
that such a decision shall be taken de hors the opinion of
the Home Department.
OP(KAT) No.430/2024 3/5 Order Date : 23-10-2024
2. The directions contained in the order dated
07.12.2023 of the Tribunal has been complied with and found
that, the suppression and non-disclosure was not material and
the respondent can be permitted to continue. In that sense,
issue is concluded. However, on the face of order of the
tribunal itself, the State finds that the direction to take a
decision regarding conduc de hors the opinion of the Home
Department would have far reaching consequences.
3. The learned Government Pleader as well as the
learned Standing Counsel representing PSC point out that by
Ext.P7 Government Order, dated 31.07.2006, the Home
Department, delineated procedure for verification, referable
under Rule 10(b)(iii) of Part II KS & SSR, and therefore, the 1 st
respondent has no other way, but to rely on the Home
Department to obtain the verification report. There is a
significant role by the department concerned to verify the
antecedents or the conduct of the candidates, who have been
advised by the PSC.
OP(KAT) No.430/2024 4/5 Order Date : 23-10-2024
Therefore, we are of the view that the direction in the
impugned order that opinion have to be formed in the light of
Avatar Singh's case (supra) de hors opinion of Home
Department is legally incorrect and has to be set aside.
Accordingly, the impugned order is interfered to the extent, as
above.
Sd/-
A.MUHAMED MUSTAQUE,
JUDGE
Sd/-
P.M.MANOJ,
JUDGE
MSA
OP(KAT) No.430/2024 5/5 Order Date : 23-10-2024
APPENDIX OF OP(KAT) 430/2024
Exhibit P5 TRUE COPY OF THE IMPUGNED ORDER DATED 07.12.2023 PASSED
BY THE KERALA ADMINISTRATIVE TRIBUNAL IN THE ABOVE
