Pendency Of Criminal Case At Time Of Making Application Valid Ground For Refusing Post In Police Dept: Karnataka High Court

The Karnataka High Court has dismissed the petition filed by one Narayan Jamadar, whose application for a position in the police department was rejected as a criminal case was pending against him at the time of filing the application.

A Division bench of Justice Mohammad Nawaz and Justicr Rajesh Rai K said, “Even though the petitioner has been acquitted of the said offences, as on the date of filing of the application, the criminal case was pending against him and the same was not disclosed in the application, which was required to be stated. Hence, there is no merit in this writ petition and accordingly, the writ petition is dismissed.”

Jamadar had questioned the order of Karnataka Administrative Tribunal rejecting his petition against the endorsement issued by the authorities removing his name from the second provisional list.

It was argued that the notification did not require disclosure of any pending criminal proceedings, hence there cannot be any allegation of suppression of material fact.

On going through the records the bench noted it is not in dispute that a criminal case was registered against the petitioner in 2018 and a charge sheet was also filed, wherein he was arraigned as accused No.17. When the application was filed by the petitioner in June 2020, the said criminal case was pending, which fact was suppressed by the petitioner.

Thus it held, “The tribunal has rightly held that mere publication of his name in the Provisional Selection list, does not create a vested right to seek appointment. After the verification of the antecedents and character, if it is noticed that a candidate is involved in any criminal cases, then the department has got every right to reject the candidature. Therefore, the case of the applicant was not considered and the next meritorious candidate was appointed.”

Further rejecting the contention of the petitioner that the failure to disclose the criminal proceedings may not by itself be fatal to the case, the bench said, “It is observed by this Court in W.P.No.201551/2021 dated 26.06.2023, that it is not fatal to the case if it can be shown that the prosecution relates to a trivial conduct or does not involve moral turpitude. The criminal case in which the petitioner was involved relates to offences punishable under Sections 143, 147, 149, 324, 307 and 504 of IPC and hence it cannot be said that, the said prosecution relates to a trivial conduct or it does not involve moral turpitude.”

Accordingly it dismissed the petition.

Appearance: Advocate Mahesh Patil for Petitioner.

HCGP Veeranagouda Malipatil for Respondent.

Citation: 2023 LiveLaw (Kar) 409

Case Title: Narayan Jamadar AND Karnataka State Police Department

Case No: WRIT PETITION NO.202753 OF 2023

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