S.Satheesh v. The Director General Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.07.2021
CORAM:
THE HON'BLE MR.JUSTICE M.GOVINDARAJ WP NO.23373 OF 2013 S.Satheesh ...
Petitioner Vs.
1.The Director General of Police Kamarajar Salai, Mylapore, Chennai - 600 004.
2.The Chairman Tamilnadu Uniformed Services Recruitment Board Chennai - 600 002.
3.The Superintendent of Police District Police Office Cuddalore District.
...
Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, to call for the records of the proceedings of the first respondent issued in Na.Ka.No.049742/Niyamanam 1(2)/2010-6 dated 06.04.2010 and 21.04.2010 and quash the same with the consequential direction, directing the respondents to select and appoint the petitioner as Grade II Police Constable and deputy him for training. For Petitioner :
Mr.V.Ravikkumar For Respondents:
Mr.C.Selvaraj Government Advocate (Civil Side)
O R D E R
The petitioner was selected as Grade II Police Constable in the selection conducted for the year 2008-09. However, he was not issued appointment order on the reason that he suppressed the factum of his involvement in a criminal case.
2. A perusal of the records shows that the petitioner was implicated in a criminal case in STC Nos.265/2008 and 267/2008 and he was acquitted by the Criminal Court on 05.02.2010 giving benefit of doubt in his favour. The
respondents considering the acquittal on the grounds of "benefit of doubt" have inferred that it should be construed as the petitioner was involved in the criminal offence. The petitioner, immediately approached this Court, by way of Criminal Revisions in Crl.R.C.Nos.714 and 715 of 2011. This Court, after considering the facts and circumstances of the case, has made an observation that "it is only a finding of conviction that brings one dishonour. Conversely, once the finding is one of acquittal, it necessarily is an honourable one." With these observations, a direction was given to the respondents to read the words acquittal "on the grounds of benefit of doubt" as "one of honourable acquittal". Now that, the petitioner seeks appointment to the post of Grade II Police Constable, for which, he was otherwise found fit by the respondents.
3. It is true to state that the petitioner was otherwise qualified and his registration number has been included in the select list. The only impediment is that involvement in the criminal case and subsequent acquittal on the grounds of "benefit of doubt". Now that, this Court has declared that it should be read as "honourable acquittal" instead of "benefit of doubt" and therefore, there is no impediment for recruiting the petitioner.
4. It is also submitted that the petitioner is within the age limit for appointment to the post of Grade II Police Constable. In that event, the petitioner would be entitled to the relief sought for by him. The respondents are directed to consider the petitioner for appointment to the post of Grade II Police Constable, on the basis of the selection conducted for the year 2008-09 and pass appropriate orders, on merits and in accordance with law, within a period of two months from the date of receipt of a copy of this order.
5. The writ petition is ordered in the above terms. No costs.
Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar TK To 1.The Director General of Police Kamarajar Salai, Mylapore, Chennai - 600 004.
2.The Chairman Tamilnadu Uniformed Services Recruitment Board Chennai - 600 002.
3.The Superintendent of Police District Police Office Cuddalore District.
+1cc to Mr.V.Ravikkumar,Advocate, SR No.35448 +1cc to Government Pleader, SR No.35623 WP NO.23373 OF 2013 SR II(CO) B.VC (04/08/2021)