IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 21ST DECEMBER 2010 / 30TH AGRAHAYANA 1932 WP(C).No. 23594 of 2010(Y) ---------------------------------------- PETITIONER(S): ----------------------- NATTEKKADAN PAUL LONAPPAN, S/O. LONAPPAN NATTEKKADAN, NATTEKKADAN HOUSE, MUPLYIUM, MUKUNDAPURAM TALUK, THRISSUR DIST., KERALA. BY ADV. SRI.U.O.JOSE RESPONDENT(S): --------------------------- THE DISTRICT SUPERINTENDENT OF POLICE, THRISSUR-1. BY GOVT. PLEADER MR.T.K. ARAVINDKUMAR BABU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C) NO. 23594/2010-Y APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE REQUEST SENT FOR ISSUANCE OF POLICE CLEARANCE CERTIFICATE BY OFFSHORE INTER NATIONAL MANAGEMENT (PVT) LTD. EXT.P2: COPY OF THE PCC ISSUED BY THE RESPONDENT. EXT.P3: COPY OF THE REPRESENTATION TO RECTIFY THE ANOMALY IN THE PCC. EXT.P4: COPY OF THE POSTAL RECEIPT. EXT.P5: COPY OF THE ACKNOWLEDGMENT CARD. EXT.P6: COPY OF THE RESIDENTIAL CERTRIFICATE ISSUED BY THE TAHSILDAR. EXT.P7: COPY OF THE CONDUCT CERTIFICATE BY THE VARNDARAPPILLY GRAMA PANCHAYAT. RESPONDENT'S ANNEXURES : ANNEXURE-I: COPY OF THE ENQUIRY REPORT BY THE HC 3951 (JOSEPH). ANNEXURE-II: COPY OF THE CLEARANCE CERTIFICATE. ANNEXURE-III: COPY OF THE CIRCULAR NO.1/03 DATED 04/01/2003. ANNEXURE-IV: COPY OF THE 2ND PETITION FILED BY THE PETITIONER DATED 17/04/2010. ANNEXURE-V: COPY OF THE 3RD PETITION FILED BY THE PETITIONER DATED 30/06/2010. ANNEXURE-VI: COPY OF THE STATEMENT OF THE PETITIONER. //TRUE COPY// P.A. TO JUDGE rs ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 23594 of 2010 Y ``````````````````````````````````````````````````````` Dated this the 21st day of December, 2010 J U D G M E N T According to the petitioner, he was selected for employment in an Oil Rig of ONGC. His employer issued Ext.P1 letter to the respondent, requesting for police clearance certificate of the petitioner. Thereupon, he was issued Ext.P2 certificate. In that certificate, the petitioner's continued residence in his permanent address except for the periods mentioned therein and that nothing adverse has been found against him, have been certified. 2. Petitioner states that, on account of the period of absence mentioned therein, the certificate is not acceptable to his employer. Thereupon, he submitted representations and in spite of the representations, modified certificate was not issued. It is in these circumstances the writ petition has been filed, praying for a direction to the respondent to issue a proper certificate. W.P.(C) No.23594/2010 : 2 : 3. The respondent has filed a statement. In the statement, it is stated that, in terms of the procedure laid down in Annexure-III Circular issued by the Police Head Quarters, the application for police clearance certificate was forwarded to the Deputy Superintendent of Police, who, on enquiry, submitted Annexure-I enquiry report, indicating that, although the petitioner is a resident of the address as claimed by him, he was absent from the place during the period mentioned in the report. It is stated that, based on the report, the certificate was issued to the petitioner. It is stated that again the petitioner made representations when further enquiry was conducted and that in that enquiry also, the fact that the petitioner was absent from his native place during the period mentioned in the certificate was confirmed. Learned Government Pleader further submits that the period of absence is mentioned in the certificate for the reason that the petitioner's antecedents for that period cannot be certified by the respondent. 4. Admittedly, the petitioner was away from his native W.P.(C) No.23594/2010 : 3 : place during the periods mentioned in the certificate. The certificate requires the authorities to certify the antecedents of the petitioner. Obviously, the antecedents of the petitioner during the period of his absence cannot be certified by the respondent and it is therefore that the period of absence has been specified in the certificate itself. Since police clearance certificate is issued for reasons of security and hence this Court cannot find fault with the authorities, if they have mentioned absence of the petitioner in the police clearance certificate, for the reason that the respondent cannot be expected to certify the antecedents of the petitioner during the period when he was absent from the jurisdiction of the respondent. 5. However, counsel for the petitioner submits that his purpose will be served if the respondent issued a fresh police clearance certificate, indicating that during the periods of his absence, he was working abroad and also in ONGC. From the statement filed in this case itself, it is seen that, in the enquiry conducted by the respondents, they have come to know that the petitioner was abroad for the period from 1997 W.P.(C) No.23594/2010 : 4 : to 2008 and that after 2008, the petitioner had worked in ONGC in its installations. 6. Now that such findings have already been entered into and as the details of the petitioner who stayed abroad during the period from 1997 to 2008 are available in his passport, nothing prevents the respondent from issuing a fresh certificate, incorporating those details also. It is therefore ordered that, on the petitioner producing a copy of this judgment, the respondent will issue a fresh police clearance certificate to the petitioner, incorporating the details of his absence during the period from 1997 to 2008. Such certificate shall be issued as expeditiously as possible and at any rate, within four weeks from the date of production of a copy of this judgment. 7. Petitioner shall produce a copy of this judgment and writ petition before the respondent for compliance. Writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) aks