M.Sankaramoorty, v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.12.2018
CORAM:
THE HON'BLE DR.JUSTICE S.VIMALA W.P.No.31681 of 2018 and W.M.P.No.36924 of 2018 M.Sankaramoorthy ... Petitioner Vs.
1. The Chairman, Tamil Nadu Uniformed Services Recruitment Board, No.807 P.D.V. Sengalvarayar Maligai, Anna Salai, Chennai - 600 002.
2. The Director General of Police, O/o. The Director General of Police, Kamarajar Salai, Chennai - 600 004.
3. The Additional Director General of Police (Prison) and Inspector General of Prisons, Whannels Road, Egmore, Chennai - 600 008.
... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus, to direct the respondents to consider the petitioner to the post of Jail Warden based on his Marks, Qualification and preference in the common recruitment notification 2017-2018 issued by the respondent No.1 by considering the representation dated 13.11.2018, within the time stipulated by this Court. For Petitioner :
Mr.A.Raja Mohamed For Respondents :
Mr.V.Kadhirvelu, Additional Govt. Pleader
ORDER
The petitioner applied for the post of Grade-II Police Constables/Jail Wardens/Fireman in pursuance to the notification issued for the year 2017-2018. The petitioner also attended the written examination, which was held on 11.03.2018 and obtained 57 marks out of 80 marks and he also participated in the physical endurance test, for which, he secured 12 marks out of
15 marks and also obtained 2 marks for NCC. The petitioner was also selected in the medical test. However, on 07.11.2018, the Superintendent of Police, Tirunelveli, sent a communication to the petitioner stating that there is a criminal case pending against him in Cr.No.1194 of 2013 and therefore, his name would not be considered for the post of Police Constable based on the Rule 13(b) and (3) of Tamil Nadu Police Subordinate Services Rules. Aggrieved over the same, he filed a petition in Crl.O.P. (MD) No.18905 of 2018 before this Court and this Court, by an order dated 25.10.2018, quashed the criminal case. 1.1. The petitioner relied upon a decision of this Court in W.P.(MD) No.
19895 of 2018, wherein, it was held that pending criminal case is a bar only for the post of Police Constable alone not for the post of Jail Warden and Firemen and further the Fire Superlative Service Rules does not prevent any person to provide appointment on the ground of pendency of criminal case. Relying upon the said decision, the petitioner made a representation dated 13.11.2018 to the respondents to consider his name for the post of Jail Warden/Fireman on which, no order has been passed. Hence, this writ petition has been filed.
2. While reiterating the contentions as raised in the ground of petition, the learned counsel for the petitioner also relied upon a decision of this Court in W.P.No.12895 of 2018, where, the petitioner has secured higher marks and a criminal case was pending against him, which was quashed and this Court directed the concerned authority/respondent to pass necessary orders, giving necessary appointment orders to the petitioner as Fireman.
2.1. The learned counsel for the petitioner also relied upon another decision of this Court in W.A.No.472 of 2013 (V.Jayavarthanan vs. The Member Secretary, Tamil Nadu Uniformed Services Recruitment Board, Chennai and others), wherein, this Court, by relying upon a decision of the Hon'ble Supreme Court reported in 2013 (7) SCC 685 (Commissioner of Police, New Delhi and another vs. Mehar Singh), in which, it is held as follows: "A person wishing to join the police force must be a person of utmost rectitude; he must have impeccable character and integrity; a person having criminal antecedents will not fit in this category; even if he is acquitted or discharged in the criminal case, that acquittal or discharge order will have to be examined to see whether he has been completely exonerated in the case because even a possibility of his taking to the life of crimes poses a threat to the discipline of the police force, held that the petitioner had already proved himself by his performance in the written test as well as oral tests and considering the fact that
the petitioner got provisionally selected to the post of Grade-II Police Constable, directed the respondent to issue appointment order to the petitioner/appellant."
2.2. Therefore, it is submitted by the learned counsel for the petitioner that it would suffice if a direction is issued to the respondents to consider the petitioner's representation in terms of the orders passed in W.P.No.12895 of 2018 and W.A.No.472 of 2018.
3. Heard the learned Special Government Pleader appearing for the respondents.
4. Considering the facts and circumstances of the case and also in view of the limited relief sought for, this Court is of the view that it would suffice to direct the respondents to consider the representation filed by the petitioner on 13.11.2018 in terms of the orders passed in W.P.No.12895 of 2018 and W.A.No.472 of 2018 and to pass orders on the same within a particular time frame.
5. Accordingly, this writ petition is disposed of directing the respondents to consider the representation filed by the petitioner on 13.11.2018 in terms of the orders passed in W.P.No.12895 of 2018 and W.A.No.472 of 2018 and to pass orders thereon, in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar ogy To
1. The Chairman, Tamil Nadu Uniformed Services Recruitment Board, No.807 P.D.V. Sengalvarayar Maligai, Anna Salai, Chennai - 600 002.
2. The Director General of Police, O/o. The Director General of Police, Kamarajar Salai, Chennai - 600 004.
3. The Additional Director General of Police (Prison) and Inspector General of Prisons, Whannels Road, Egmore, Chennai - 600 008.
+1cc to Mr.A.Raja Mohamed, Advocate, S.R.No.83106 +1cc to the Government Pleader, S.R.No.82959 W.P.No.31681 of 2018 GSP(09/01/2019)