Madras High CourtWP(MD)/6200/2020disposed of

P.S. Selva Vinoth v. The Director Of General Of Police

2020-05-18Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.05.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and W.M.P(MD).No.5404 of 2020 P.S.Selva Vinoth

...Petitioner

vs.

1.The Director General of Police Tamil Nadu Police Head Quarters Chennai-4 2.The Inspector General of Police (Welfare) Tamil Nadu Police Head Quarters Chennai- 4 3.Superintendent of Police Madurai District Police Madurai- 7 ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of Mandamus, directing the respondents herein to consider the petitioner's representation dated 18.03.2019 for appointing him as Grade-II Constable (AR) in Tamil Nadu Police Force and pass orders within a time stipulated by this Court. For Petitioner :

Mr.P.Subbiah For Respondents :

Mr.K.Chella Pandian learned Additional Advocate General Assisted by Mr.K.Mu.Muthu Additional Government Pleader

O R D E R

The writ petition has been filed for a direction to the respondents to consider the petitioner's representation dated 18.03.2019 for appointing him as Grade-II Constable (AR) in Tamil Nadu Police Force.

2.By consent of parties, this writ petition is taken up for final disposal at the stage of admission itself. 3.The case of the petitioner is that the petitioner has applied for the post of Grade-II Constables(AR) in Tamil Nadu Special Police Force in the year 2017-2018 and attended the written examination on 11.03.2018 and has secured 62 marks in the written examination and qualified for physical test. Subsequently, he 1/3

attended the physical test and certificate verification on 02.09.2018, 05.09.2018 and 07.09.2018 respectively and he passed in the said physical test also.Thereafter, the petitioner received a communication from the third respondent in Na.Ka.B1/23600, dated 14.11.2018 informing the petitioner that he was not appointed as Grade-II Constable, since his antecedent was not satisfactory by quoting that the petitioner has involved in two criminal cases and further alleging that he suppressed his involvement in the above cases. Therefore, the petitioner made a representation, dated 18.03.

2019 to the respondents requesting them to appoint him in the post of Grade-II Constable by considering the fact that the cases registered against him were quashed by this Court and he had no knowledge about the pendency of the criminal cases at the time of applying to the said post. But, no action has been taken by the respondents. Again, the petitioner sent a reminder representation dated 07.05.2020 to the first respondent by registered post along with representation dated 18.03.2019. But, till now, the respondents have not taken any steps. Hence, the petitioner is before this Court.

4. The learned Additional Advocate General appearing for the respondents would submit that the petitioner has not sent the representation, dated 18.03.2019, but the petitioner is in possession of the acknowledgement card and therefore, the learned Additional Advocate General submitted that the respondents will pass appropriate orders.

5.Heard the learned counsel for the petitioner as well as the learned Additional Advocate General appearing for the respondents. 6.Considering the limited scope of prayer sought for in the Writ petition and the submission made by the learned counsel for the respondents, without adverting to the merits of the case, the respondents are directed to consider the representation of the petitioner, dated 18.03.2019 and pass 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. It is needless to say that the petitioner shall enclose the copy of the representation, dated 18.03.2019 along with the copy of this order to the respondents. 7.With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) msa 2/3

To:- 1.The Director General of Police, Tamil Nadu Police Head Quarters, Chennai 4 2.The Inspector General of Police (Welfare), Tamil Nadu Police Head Quarters, Chennai 4.

3.The Superintendent of Police, Madurai District Police, Madurai 7.

and W.M.P(MD).No.5404 of 2020 18.05.2020 AP(02/06/2020) 3P 4C 3/3