Kerala High Court: Police Cannot Decide Whether a Person Is Fit for Employment

The Kerala High Court has ruled that police authorities cannot decide whether a person is suitable for employment while conducting character and antecedent verification. The Court held that determining a candidate's suitability for a job is solely the employer's responsibility, while the police can only provide factual information regarding criminal antecedents.

The case involved a trainee employee who disclosed a pending criminal case arising from a motor vehicle accident while submitting documents for police verification. During the verification process, the District Police Chief issued a report stating that the applicant was “not suitable for appointment.” Based on this adverse report, the employer initiated proceedings that could have resulted in cancellation of the trainee's appointment.

Justice Bechu Kurian Thomas observed that Section 53 of the Kerala Police Act, 2011 authorizes the police only to verify and report an individual's character and antecedents. The law does not empower police officers to express opinions on whether a person should be employed. According to the Court, the assessment of suitability must be left to the employer, who can evaluate the nature of any criminal case in relation to the job concerned.

The Court also found the police report arbitrary and inconsistent. While one part of the report indicated that no crime was registered against the applicant, another part referred to the pending accident case and concluded that he was unsuitable for employment. The Court remarked that involvement in a motor vehicle accident cannot automatically render a person unfit for public employment, particularly when the position has no connection with driving vehicles.

Quashing the adverse observation, the Court emphasized that police verification reports must remain factual and objective. The judgment reinforces the principle that administrative authorities must act within the limits of their statutory powers and cannot assume functions reserved for employers.