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involved in Crime before appointing

Page no : 2

Anandakumara MB (Lawyer)     27 October 2009

Anyone have draft copy for this type of cases pl Fwd the same. Any limitation aplly for this case??

How NGO's can help and how to get the same.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     27 October 2009

IT IS BETTER TO CONSULT AN ADVOCATE, I ALSO ATTACH THE RULES OF WRIT FILLING


Attached File : 33 33 writ rules.doc downloaded: 59 times

Feroz M Shafeeque (Police Officer)     27 October 2009

Who is appointing police constables in Karnataka? Is it done directly by police department or Karnataka PSC?

In either case, the corruption here was done by the verifying officer, who has to verify the anticedents of the candidate and submit report.

 

So one can very well use the RTI Act for getting information on

1. Who has done the police verification of the candidate?

2. Whether the fact of criminal involvement(give reference) was mentioned in the verifcation report? If yes, why it was not considered?

Using this information the fact can be brought to the notice of court, higher authorities or media.

Another way out is to get the rank list in which the person was included(may be available in website of recruitment agency) and get the details of persons who are not appointed, ie, juniors in the rank list, contact them and make them challenge the appointment in the court as he had stolen their chance illegally.

 

If the person had come out of the case during the validity period of the ranklist he is eligible for appointment. Do verify this fact too.

Anandakumara MB (Lawyer)     27 October 2009

 

District Superintendent of Police is the appointing authority. After temporary selection police verification was done by local police. They mentioned the involvement in the case but mentioned that charge sheet was not filed. They not at all considered the abscond charge sheet in Colmn NO 2. NBW issued and not secured to law. After appointing also he is not secured or case against him was trialed. That shows corrupt was done by verifying officer.
 
What is the validity period of rank list and ???

Feroz M Shafeeque (Police Officer)     27 October 2009

Even if not charge sheeted, the involvement in case as accused is a hurdle for appointment to force. So DSP is also involved in this matter.

I am not sure about the validity period prescribed by Govt. in Karnataka for rank lists.

 

Here in Kerala PSC is appointing police personnal and the rank list is valid for 3 years.

Anandakumara MB (Lawyer)     27 October 2009

Please any judgement respect to above matter please forward the same?.

The accused was shown in colmn No 2 of the charge sheet also mentioned crime was not proved. Is there any ground to question the appointment??? alos any judgement for the service removal.

 

Anil Agrawal (Retired)     28 October 2009

 You submit a copy of the document that you have to the local police. As them on what basis the man was cleared. Please go on writing complaints. Somebody might take notice. 

Vineet (Director)     28 October 2009

Dear Sir, the moot question is when you know that the person was only alleged and not found to be involved in the crime and even not chargesheeted, why do you want him to be removed from service.

Atleast somebody has been spared from illegitimate and mindless harassment of process of law.

Feroz M Shafeeque (Police Officer)     28 October 2009

From the facts given, it seems that the particular person was an accused in the FIR, but after investigation he was found innocent. The name of suspected persons also find place in the charge sheet form, but it doesn't mean that offence against him is proved. Their whereabouts are listed under the column " Name and address of persons who are not charge sheeted (suspect). It means that person is innocent.

 

If the above assumption is correct, the person is eligible for appointment as any other person who has no criminal back ground. It is a futile exercise to go after him as rightly pointed out by Vineet. The verifying officer who mentioned the details of the case and the DSP who appointed are right.

Anandakumara MB (Lawyer)     28 October 2009

 NBW was issued from JMFC for about 6 months but not avilable for law.

If he is innicent he appear to court and aquit the case against him. Also time requested by police to arrest him before JMFC. Why he is not attend the court???  why he is abscond???

Feroz M Shafeeque (Police Officer)     28 October 2009

I am confused. Will court issue summons to a person who is not charge sheeted (if he is not a witness)? When a person is proved innocent during investigation police file a report before  the court  to that effect. Whether it is complied in this case?

 

How dare police file an absconding report if the person is serving in their own department. Or is it that he is really absconding. Defying court direction itself is a serious deriliction of duty as far as a police officer is concerned demanding stringent disciplinary action.

Anandakumara MB (Lawyer)     28 October 2009

Dear sir, These incidents were occured before joining to the Dept. The candidate was involved in the crime u/S307 before joining the Dept. NBW also occured before he joins to Dept.

Anandakumara MB (Lawyer)     29 October 2009

I am attaching the charge sheet to support the discussion of the case.

Please review the charge sheet and wheather accused in stiil crime or Not??


Attached File : 57 57 charge 8june2001.pdf downloaded: 64 times

Feroz M Shafeeque (Police Officer)     29 October 2009

Sorry, language problem.

Anil Agrawal (Retired)     29 October 2009

 Not long ago, some gentleman was batting for Hindi language to be used in courts. What happened if the chargesheet is in Kannada? It can be in Assamese or Oriya or Tamil or Malayalam or any of the other languages in the 14th Schedule of the Constitution.  To keep the spirit of national unity, we should learn all the languages. That will be the true homage to the framers of our Constitution and those reoganised the States on linguistic basis on 1/11/1956. That is what is referred to as monumental or Himalayan blunder of Nehru which can't be undone. We have seen Tamilians burning themselves when there was a suggestion in 1964 that Hindi would be introduced in schools, even Ministers resigned from Nehru Cabinet. Raj Thakare's Marathi Manoos agenda is still fresh in mind. Almost every State is fanning fanaticism in the name of language.


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