Section 53 of the Kerala Police Act, 2011 -- Articles 14 and 16 of the Constitution of India
The scope of a police verification report under Section 53 of the Kerala Police Act, 2011 is confined to furnishing information regarding the character and antecedents of an applicant or employee. The statute does not authorise the police to express an opinion on the suitability or otherwise of a person for appointment to a particular post.
The power to determine the suitability of a candidate for employment cannot be usurped by the police through an adverse verification report. Such a determination is a matter of employer discretion and administrative assessment.
Mere involvement in a pending criminal case arising from a motor vehicle accident cannot, by itself, justify a police conclusion that a candidate is unsuitable for employment, particularly when the employment sought has no direct nexus with driving or operation of vehicles.
A format prescribed for police verification containing a column requiring the police to certify whether a person is “suitable for appointment” is legally unsustainable, as such an assessment falls outside the statutory function contemplated under Section 53 of the Kerala Police Act
Case Title
Midhun M. v. HLL Lifecare Ltd. & Ors.
Click the link below to read the full judgment
Courtesy: The High Court of Kerala Chronicles
