Public posts are to be filled up only with people of integrity and honesty observed the Madurai Bench of the Madras High Court while quashing a government order pertaining to the appointment of an advocate to the post of Government Pleader for the District Munsif court, Periyakulam in Theni district.
The court was hearing the petition filed by advocate M.A.M. Raja. The petitioner challenged the government order pertaining to the appointment of S.P.M. Ariff Rahuman as Government Pleader for the District Munsif Court. He said that a criminal case was pending against Ariff Rahuman on the file of the Theni Judicial Magistrate, for threatening the petitioner.
Justice S.M. Subramaniam observed that beyond the educational qualifications, verification of antecedents, eligibility and suitability of the candidates were of paramount importance for filling up public posts. Courts have held that even acquittal in a criminal case is not a bar for making independent assessment by the selection committee for appointment to public posts.
The court has no hesitation in forming an opinion that the antecedents, character, suitability, eligibility and pendency of the criminal case against Ariff Rahuman has not been verified properly and the government was under the erroneous opinion that he has clear records of practice and no criminal case pending against him, the judge said.
Recommendations of the competent authorities were relied upon and the authorities had not furnished the correct information and particulars about Ariff Rahuman for consideration. The court has no hesitation to arrive at a conclusion that he has no authority to continue in the post of Government Pleader for the District Munsif Court, Periyakulam, the judge said.
