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Madras High CourtWP/46745/2025allowed

A. Anbarasan v. The Director General Of Police

2025-11-28Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-11-2025

CORAM

THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN A.Anbarasan Petitioner(s) Vs 1.The Director General of Police Dr.Radhakrishnan Road, Mylapore, Chennai - 600 004.

2.The Chairman Tamil Nadu Uniformed Services, Recruitment Board, Adhithanar Road, Pudupet, Komaleeswaranpet, Egmore, Chennai - 600 002.

3.The Superintendent of Police Dharmapuri District, Dharmapuri 636 705.

Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for records relating to the impugned order passed by the 3rd respondent in his proceedings Na.Ka.No.m2/20700/2017 dated 09.10.2017 and quash the same and consequently direct the respondents to reconsider the petitioner's claim (complete all selection proceedings except appointment order) for appointment to the post of Police Constable Grade-II or suitable post based on the petitioner's Enrollment No.0817052/2017. Page No.1 of 6

For Petitioner(s):

Mr.G.D.Sendillveal For Respondent(s):

Mr.Yogesh Kannadasan Special Government Pleader For R1 & R3 Mrs.D.Sowmi Dattan Standing Counsel For R2

ORDER

This Writ Petition has been filed challenging the order dated 09.10.2017 passed by the third respondent, thereby rejecting the petitioner's candidature for the post of Police Constable Grade-II. 2.Heard the learned counsel appearing on either side and perused the materials available on record.

3.The petitioner was qualified and eligible to apply for the post of Police Constable Grade-II. While being so, the second respondent issued a notification inviting applications for recruitment to the said post, pursuant to which, the petitioner applied. The petitioner had passed the examination and also successfully completed the physical test and medical test. Thereafter, the petitioner was selected for certificate verification. However, after completion of certificate verification, the petitioner was informed, by order dated 09.10.2017, that his candidature was rejected on the ground that the he was involved in a Page No.2 of 6

criminal case registered in Crime No.247 of 2014 for the offence under Sections 147, 341, 323 and 506(2) of IPC and Section 4 of TNPWH Act. Subsequently, the said FIR culminated in a criminal trial in C.C.No.87 of 2018, which ended in acquittal by Judgment dated 19.03.2021.

4.It is also to be noted that the petitioner did not suppress any fact and while pending criminal case, he applied for the post of Police constable Grade-II and was successfully short listed for certificate verification. Only because of the pendency of the criminal case, the petitioner's candidature was cancelled. Now, the criminal case has ended in acquittal and the charges in the criminal case was also trivial in nature. Except for the allegation that the petitioner, along with 49 others, restrained the defacto complainant and threatened him with dire consequence, there is no specific overt act as against the petitioner. The petitioner was implicated as an accused along with other persons who had gathered together. Further, no one deposed as against the petitioner and as such, the criminal Court acquitted the petitioner from all the charges. After the order of acquittal, the petitioner submitted a representation to consider his candidature for the post of Police Constable Grade-II. However, the same is pending without consideration till date. Page No.3 of 6

5.In view of the above, the order impugned in this writ petition cannot be sustained and is liable to be quashed. Accordingly, the order dated 09.10.2017 passed by the third respondent, is hereby quashed. The third respondent is directed to consider the candidature of the petitioner for the post of Police Constable Grade-II and pass appropriate orders, in the light of the observations made by this Court, within a period of four weeks from the date of receipt of a copy of this order.

6.In the result, this Writ Petition stands allowed. No costs. 28-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Lpp To 1.The Director General Of Police Dr. Radhakrishnan Road, Mylapore Chennai 600 004 2.The Chairman Tamil Nadu Uniformed Services, Recruitment Board, Adhithanar Road, Pudupet, Komaleeswaranpet, Egmore Chennai 600 002 Page No.4 of 6

3.The Superintendent Of Police Dharmapuri District Dharmapuri 636 705.

Page No.5 of 6

G.K.ILANTHIRAIYAN J.

Lpp 28-11-2025 Page No.6 of 6