M.Punithavathi v. The Chairman Uniform Services Recruitment Board

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.11.2020

CORAM

THE HON'BLE MR.JUSTICE P.VELMURUGAN W.P.No. 29128 of 2004 M.Punithavathi ..Petitioner Vs

1. The Chairman Uniform Services Recruitment Board, No.807, II Floor, Anna Salai, Chennai-600002.

2.The Director General of Police, Mylapore, Chennai-600004.

..Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India for writ of certiorari, calling for the records of the 2nd respondent passed in and by proceedings in Na.Ka.No.162932/Appointment-1/2004 dated 20.09.2004 signed on 24.09.2004 quash the same and consequently directing the respondents to call the petitioner for training for the post of Women Sub Inspector of Police.

For Petitioner :

No Appearance For Respondents :

Mr.K.Magesh,Spl.GP *****

O R D E R

The relief sought for in the writ petition is to call for the records of the 2nd respondent passed in and by proceedings in Na.Ka.No.162932/Appointment-1/2004 dated 20.09.2004 signed on 24.09.2004 quash the same and consequently directing the respondents to call the petitioner for training for the post of Women Sub Inspector of Police.

2. Brief facts of the case is that the petitioner has made application for the post of Sub Inspector in the year 2001 and successfully came out in all the tests conducted by the respondents. In the mean time due to previous enemity her neighbour had filed a criminal case in C.C.No. 233/2001 against the petitioner and her family members under Sections 447,354,435 & 506 (1) of IPC and the said case was subsequently acquitted by

the learned Magistrate in the year 2003. The said fact was not mentioned by the petitioner in column 15 of the declaration form during verification held on 06.08.2004. Due to the said act of the petitioner, she was denied appointment by the respondent by way of impugned order. Challenging the same, present writ petition is filed.

3. No representation for the Petitioner. Heard the learned Special Government Pleader appearing for the respondents and perused the available records.

4. The learned Special Government Pleader appearing for the respondent submitted that at the time of submitting the application the petitioner has not mentioned about the status of criminal case registered against her. But on verification, it was found that the petitioner was involved in a criminal case in C.C.No.233/2001 punishable under Section 447 & 427 of IPC . The learned Special Government Pleader has further submitted that the petitioner was arrested in the said criminal case and subsequently released. The said fact was not mentioned in the declaration form filed by the petitioner. In view of the said conduct of the petitioner, the 2nd respondent had passed the impugned order, rejecting the appointment of the petitioner, which does not require any interference by this Court.

5. Though the petitioner has stated in the affidavit that only on the instructions given by the officials at the time of verification she did not mention about the criminal case, but she has not filed any documents to prove the same. Further the criminal case was ended in acquittal in the year 2003, but the verification was held in the year 2004, therefore the petitioner being applied for the uniform service, she should have disclosed all the details especially about the involvement in the criminal cases. Therefore, the reasons stated by the petitioner in not filling of colum no.15 of the declaration are not acceptable. This Court find no merits in the petition and the same is liable to be dismissed.

Accordingly, the writ petition is dismissed. No costs. Sd/- Assistant Registrar(co) //True Copy// Sub Assistant Registrar ak

To

1. The Chairman Uniform Services Recruitment Board, No.807, II Floor, Anna Salai, Chennai-600002.

2.The Director General of Police, Mylapore, Chennai-600004.

+1 cc to Government Pleader Sr.No. 37385 W.P.No. 29128 of 2004 MG co A.SK(20.01.2021)