The Kerala High Court has ruled that police officers, including senior ranks, cannot express an opinion on an applicant's suitability for employment in a police verification report. The court emphasized that such reports should only contain details of criminal antecedents, leaving the decision on appointment to the employer.
Background of the Case
Justice Bechu Kurian Thomas made the observation while allowing a petition filed by a native of Chirayinkeezhu, Thiruvananthapuram. The petitioner challenged a police verification report submitted to his employer, HLL Lifecare Ltd, by the district police chief. The report had declared the petitioner unsuitable for employment, leading to termination proceedings.
Details of the Petition
According to the petitioner, the adverse report was based on a motorcycle accident case from 2025. In the accident, the rider of another vehicle died after a collision with the petitioner's motorcycle. Citing the report, the employer issued a show-cause notice asking the petitioner to explain why his appointment should not be cancelled, prompting him to approach the High Court.
Court's Ruling
Allowing the petition, the High Court reiterated that a police verification report can only include information about an applicant's criminal antecedents. The employer has the sole authority to decide whether any criminal case makes the applicant unsuitable for the post. The court observed that when an employer seeks a character and antecedents report, the police officer is not expected to offer an opinion on suitability.
Column 6 of Verification Form
Referring to Column 6 of the prescribed verification form, which requires police to indicate suitability, the court held that this provision is legally unsustainable. The court remarked, "In fact, the government would do well to delete Column 6 from the format prescribed for issuing verification reports."
Directions Issued
The High Court directed that the adverse observation regarding the petitioner's suitability shall not be used against him. The ruling reinforces the principle that police reports must remain factual and not usurp the employer's decision-making role.
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