Document Fragment View
Fragment Information
Showing contexts for: character and antecedent verification in Devendran vs The Director General Of Police on 26 March, 2018Matching Fragments
The order of non selection of the writ petitioner for recruitment to the post of Grade II Police Constable is under challenge in this writ petition.
2.The writ petitioner pursuant to the notification issued for recruitment to the post of Grade II Police Constable participated in the process of selection. The writ petitioner had successfully passed in the written examination and thereafter participated in the physical eligibility test, endurance test and medical examination. During the verification of the character and antecedents of the writ petitioner, the respondents found that the writ petitioner was an accused in a criminal case in Crime No.57 of 2009, for the offences under Sections 147, 148, 294(b), 324, 506(ii) IPC. Even during the process of selection, the criminal case against the writ petitioner was pending. Accordingly, the selection of the writ petitioner was deferred and an order was passed in proceedings dated 26.01.2011.
6.The Courts have repeatedly held that the decision in respect of the selection committee, more specifically, in Uniformed Services, on verification of the character and antecedents of the candidates, cannot be interfered with. Even if there is acquittal from the criminal case, there cannot be any automatic recruitment or appointment and the selecting authorities are at liberty to cancel the selection on the ground that the character and antecedents are not satisfied.
7.In this regard, the thee Judges of the Hon'ble Supreme Court of India, elaborately laid down principles:
9.Thus, the matter came to be considered by a Bench of Three Judges in Avatar singh Vs. Union of India [reported in 2016 (8) SCC 471]. After reviewing all the earlier cases including the one in Daya Shankar Yadav Vs. Union of India [reported in 2010 (14) SCC 103] and State of West Bengal Vs. S.K.Nazrul Islam [reported in 2011 (10) SCC 184], the following principles have been settled by the Larger Bench in Paragraph 34 of the Judgment in Avatar Singh:
"No doubt about it that verification of character and antecedents is one of the important criteria to assess suitability and it is open to employer to adjudge antecedents of the incumbent, but ultimate action should be based upon objective criteria on due consideration of all relevant aspects."
34. No doubt about it that verification of character and antecedents is one of the important criteria to assess suitability and it is open to employer to adjudge antecedents of the incumbent, but ultimate action should be based upon objective criteria on due consideration of all relevant aspects.
36. What yardstick is to be applied has to depend upon the nature of post, higher post would involve more rigorous criteria for all services, not only to uniformed service. For lower posts which are not sensitive, nature of duties, impact of suppression on suitability has to be considered by authorities concerned considering post/nature of duties/ services and power has to be exercised on due consideration of various aspects.