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Madras High CourtWP(MD)/14235/2014disposed of

M. Vazhivittan v. The Director General Of Police

2017-12-13Honourable Mrs Justice V.Bhavani Subbaroyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :13.12.2017

CORAM:

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.14235 of 2014 M.Vazhivittan ... Petitioner Vs.

1. The Director General of Police, Tamilnadu, Chennai-600 004.

2. Tamilnadu Uniformed Services, Recruitment Board, Represented by its Chairman, Anna Salai, Chennai- 600 002.

3. The Member Secretary, Tamilnadu Uniformed Services Recruitment Board, No.807, P.T.Lee. Chengalvaraya Naicker Maaligai, Anna Salai, Chennai- 600 002.

4. The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the first respondent to consider the representation dated 20.02.2014 for issuing appointment order by virtue of this Court Order in W.P.(MD) No.7347 of 2013, dated 29.04.2013 to the petitioner for selection of Grade-II Police Constable in Tamilnadu Special Police, 2012 Batch within a period stipulated by this Court.

For Petitioner : Mr.V.Muniasamy For Respondents : Mr.V.Muruganantham Additional Government Pleader

ORDER

This writ petition has been filed, seeking to issue a Writ of Mandamus, directing the first respondent to consider the

representation dated 20.02.2014 for issuing appointment order by virtue of this Court Order in W.P.(MD)No.7347 of 2013, dated 29.04.2013, to the petitioner for selection of Grade-II Police Constable in Tamilnadu Special Police Subordinate Service, 2012 Batch.

2.The learned counsel for the petitioner would submit that the petitioner had applied for the post of Grade-II Police Constable in Tamilnadu Special Police Subordinate Service, 2012 Batch and selected in the written test held on 21.08.2012 and called for the Physical Examination test held on 25.08.2012. He had passed the Physical Examination test and called for Medical Examination test on 26.12.2012. The Medical test result was published on 03.02.2013 and provisionally selected for the said post. Even though, he was selected provisionally and qualified for the post by getting 72.5 marks in the examination, he did not receive the appointment order, since there was a private complaint in C.C.No.86 of 2007, dated 28.02.

2013, was pending on the file of the learned Judicial Magistrate, Kamuthi, and the Court has rejected the private complaint made under Section 200 of Criminal Procedure Code and declared as not guilty. As per the compromise entered consequent to the orders passed by the learned Judicial Magistrate, Kamuthi in C.C.No.86 of 2007, the petitioner has sent a representation dated 16.04.2013, to the Director of Tamilnadu Uniformed Recruitment Board enclosing a copy of the order of the Judicial Magistrate Court and registered for appointment order for the post of Grade-II Police Constable.

3.The Director of Tamilnadu Uniformed Service Recruitment Board, Chennai, dated 26.04.2013, has informed to the petitioner, he should approach the Office of the Director General of Police, Tamilnadu, regarding that the appointment of the said Grade-II Constable Police.

4.Thereafter, the petitioner had approached this Court and filed in W.P(MD)No.7347 of 2013 and in M.P(MD)Nos.1 & 2 of 2013, for praying for issue of appointment order as Police Constable. Earlier, this Court had issued a direction to the respondents to select the petitioner for Grade-II Police Constable. But, there was no steps taken by the department to select the petitioner. 5.The learned Additional Government Pleader appearing for the respondents has submitted that the Suo Motu Contempt Petition No.1270 of 2014, was taken up for hearing on 13.10.2014, before the Madurai Bench of Madras High Court, the learned Government Advocate appearing for the respondents had produced a copy of the proceedings, dated 11.10.2014, submitted that the order passed by this Court, dated 29.04.2013, made in W.P(MD)No.7347 of 2013, has been complied with. In view of the same, the above said Contempt Petition was closed, and the petitioner has joined the service. 6.From the above submissions made by the learned Additional

Government Pleader appearing for the respondents and as well as the learned counsel appearing for the petitioner, this Court is of the view that no orders are necessary to be passed in the Writ Petition. Hence, this Writ Petition is disposed of. No costs. Sd/- Assistant Registrar (Crl.side) /True Copy/ Sub Assistant Registrar To

1. The Director General of Police, Tamilnadu, Chennai-600 004.

2. Tamilnadu Uniformed Services, Recruitment Board, Represented by its Chairman, Anna Salai, Chennai- 600 002.

3. The Member Secretary, Tamilnadu Uniformed Services Recruitment Board, No.807, P.T.Lee. Chengalvaraya Naicker Maaligai, Anna Salai, Chennai- 600 002.

4. The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

+ 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 92723 + 1 CC TO Mr.V.MUNIASAMY, ADVOCATE IN SR No. 92419 SSS TE/SKN-RSK/SAR-1 : 27/02/2018 : 3P/7C ORDER MADE IN W.P(MD)No.14235 of 2014 13.12.2017