The High Court agreed with the KAT decision, observing that since the police constable was acquitted in the case, he could be denied the post merely based on the prosecution’s allegations.
There is no bar under the Kerala Police Act to temporarily appoint a person even if there are criminal cases pending against him, the Court further noted, although such appointments may be subject to the outcome of the case.
The High Court also noted that all the witnesses in the criminal case filed against the constable, including the complainant (his wife), had turned hostile.
“Except the allegation of the prosecution, absolutely no materials were available to hold against the candidate It is not safe to assess the character based on the prosecution allegations alone … The Government could not have concluded that the character is bad to disqualify him from becoming a member of the service without any materials, merely based on prosecution allegations,” the Court added.
Source: Barandbench
