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Recent Appointments By PSC Needs To Be Investigated To Regain Public Trust, Says Kerala HC [Read Order]

LIVELAW NEWS NETWORK
30 Aug 2019 4:21 PM GMT
Recent Appointments By PSC Needs To Be Investigated To Regain Public Trust, Says Kerala HC [Read Order]
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"The modus operandi involved in this case impels this Court to think that a very efficient and wider investigation, at least with regard to the recent appointments, is necessary to regain the trust of the public in the Public Service Commission Examinations. "
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The Kerala High Court, on Friday,  opined that a very efficient and wider investigation, at least with regard to the recent appointments, is necessary to regain the trust of the public in the Public Service Commission Examinations.

Justice B. Sudheendra Kumar made this observation while dismissing anticipatory bail plea of a man accused of furnishing the answers through mobile phones to three PSC candidates for the post of Civil Police Officer. These candidates, who are also accused in the crime registered by Medical College Police, reportedly got 1st, 2nd and 28th rank in the examination.

While rejecting his contention that his custodial interrogation is not necessary, the court said:

The question papers of Public Service Commission, in respect of a particular examination, will not be normally available outside the examination hall till the completion of the examination on that particular date. In this case, it appears that the answers relating to the questions asked in the examination conducted by the Public Service Commission from 2 p.m. to 3.15 p.m. on 22-07-2018 could be obtained by accused Nos. 1 to 3 as transmitted by accused Nos. 4 and 5 over mobile phones. It appears that without the aid and assistance of other persons, who had access to the question papers, it was hardly possible for accused Nos. 4 and 5 to get the question papers and answers. Therefore, the custodial interrogation of the petitioner is absolutely necessary for the progress of investigation of this case. It appears that the investigation cannot be progressed even to an inch without the custodial interrogation of accused Nos. 4 and 5. Even then, it is not discernible as to why they are not yet arrested by the Investigating Officer.

While directing the accused to surrender before the Investigating officer, the court further said:

The modus operandi involved in this case impels this Court to think that a very efficient and wider investigation, at least with regard to the recent appointments, is necessary to regain the trust of the public in the Public Service Commission Examinations. In such a scenario, if the petitioner is granted the relief under Section 438 Cr.P.C., that will adversely affect the progress of investigation of the case. 

Click here to Read/Download Order



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