Third party can file case against violation of rules in state police recruitment
Anandakumara MB
(Querist) 05 January 2011
This query is : Resolved
karnataka state police recruited the criminal antecedent candidate. The third party can file case against the recruitment in Karnataka Administrative tribunal and dismiss the non eligible candidate recruited in the dept.
The candidate was involved in the Criminal case U/s 307 ( Attempt to murder) R/w 34IPC in the year 2001. FIR was filed, he is not available for investigation to police and court. NBW was isuued but not secured. The same person was recruited to Dept in 2003 he suppressed the material facts.
please suggest third party have locus standi to file the case and what type of case we can file?
Ajay Bansal
(Expert) 05 January 2011
The third party can file PIL [Public-Interest-Litigationin ] in High Court for quashing of appointment.Beside this third party can also file a criminal complaint u/s 420 I.P.C in the Court in this matter under provision of section 190[c] Cr.P.C. However the third party should be that,who is having no personal interest against that candidate.
Kirti Kar Tripathi
(Expert) 05 January 2011
A PIL can be filed only if a person challenges any activity involving public interest. thus can challenge to appointment of criminals in public survive by ways PIL. But if you want to challenge the appointment of any individual person, you must have locus standi to challenge. unless you are not aggrieved, you can not challenge the same. However, in PIL, can give such example. but you can not challenge his appointment individually.
Anandakumara MB
(Querist) 05 January 2011
The Corruption or voilation of Govt rules can Considered for locus standi? Or any of his service misconduct can be taken for the locus standi to file case in HC or Administrative tribunal??
Anandakumara MB
(Querist) 06 January 2011
Myextended query is
My query:
1. can we directly file suit against the recruitment commitee on the basis of overlooked or voilalation of recruitmenr rules.
2. police selected regarding the suppress the real facts and cheated the Govt.
R.Ramachandran
(Expert) 06 January 2011
If you are sure about the antecedents of the person in question, then you have to make a written complaint (giving your full name and address and contact particulars - BUT CERTAINLY NOT AN ANONYMOUS COMPLAINT) to the State Vigilance Commission, the Head of the Police Department, giving full and complete particulars about the criminal case in question, and about the suppression of this material fact at the time of appointment.
Ascertain through RTI after say 3-4 months as to what action had been taken on your complaint.
Depending upon the reply, you may approach the High Court for a writ to act upon your complaint.
In the meanwhile, give a registered letter to the public prosecutor concerned and the Magistrate concerned, indicating that the accused is very much working in the police department and non-execution of NBW against the person concerned is inexplicable.
Anandakumara MB
(Querist) 06 January 2011
Important points:
1.Crime is u/s 307 R/w 34IPC in 2001.
2. The police is A5 in crime in the FIR.
3.The committal court issued the NBW and contnued for 6 months but not secured.
4. police Case diary for mentioning that A5 not secured and searching for A5.
5. FIR shows strong about A5 in the crime towards attempt to murder.
6. The A5 is given-up without reason from the police. but still name is in chargesheet mentioning charge not proved for A5.
7. Case committed to session and closed in 2003 A1- A4 found guilty and P1 is hostile.
8. The case in the nature that : police not submitted the B-Report against the A5 and not took any statements from A5 simply said charge not proved.
9. The A5 applied the copy application before magistrate for FIR copy before filing the chargesheet by the police.
From the above points can proove the criminal antecedent ?
