The Chairmen v. S.Uthayarasu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:27.04.2017
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.A.(MD) No.236 of 2017 & C.M.P.(MD).Nos.2437 and 2438 of 2017 1.The Chairmen, Tamil Nadu Uniformed Services Recruitment Board, No.807, P.Lee.Chenguluaraya Naicker Maligai, Anna Salai, Chenni-02.
2.The Director General of Police, Office of the Director General of Police, Mylapore, Chennai-04.
3.The Superintendent of Police, Ramanathapuram District.
...Appellants/Respondents Vs.
S.Uthayarasu ... Respondent/ Petitioner PRAYER: Writ Appeal is filed under Clause 15 of Letters Patent against the order, dated 26.03.2013, made in W.P.(MD).No.2403 of 2013 and allow the Writ Appeal.
Prayer in WP(MD). 2403/ 2013 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the 3rd respondent herein in Na.Ka.NO. A3/12999/2012 dated 09.01.2013 and quash the same and consequently direct the respondents to appoint the petitioner as Grade II Police Constable for the year 2012 with all consequential monetary and service benefits and pass such further or other orders. For Appellants : Mr.V.Muruganantham Additional Government Pleader For Respondent : Mr.A.Thirumurthy for M/s.Victory Associates
JUDGMENT
[Judgment of the Court was delivered by T.S.SIVAGNANAM,J] Heard Mr.V.Muruganantham, learned Additional Government Pleader for the appellants and Mr.A.Thirumurthy, learned counsel for the respondent.
2.This appeal is directed against the order in W.P.(MD). No.2403 of 2013, which was disposed of by a common order in W.P. (MD).No.474 of 2013 etc., batch.
3.The said writ petition was allowed on the ground that though a criminal case was registered against the respondent/writ petitioner, he has been acquitted and there is a disclosure about the same in the application form. In order to satisfy ourselves, as to whether, the writ petitioner has made fully and true disclosures of the criminal case, we directed the learned Additional Government Pleader to place before us the original application form along with application.
4.Perusal of the same, we find that there has been a disclosure about the criminal case and separate annexure has been enclosed and the same has also been mentioned in the Special Branch Report as well as during the police verification. It may be true that so far as the answer to the question Nos.15 and 18, the petitioner has said 'no' and by giving answer 'no' for question No.16, the petitioner has correctly answered the same and furnished the case particulars. Therefore, we find that there are no grounds to entertain this appeal. Accordingly, the same is dismissed. No costs. Consequently, the connected C.M.Ps are also closed.
Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To 1.The Chairmen, Tamil Nadu Uniformed Services Recruitment Board, No.807, P.Lee.Chenguluaraya Naicker Maligai, Anna Salai, Chenni-02.
2.The Director General of Police, Office of the Director General of Police, Mylapore, Chennai-04.
3.The Superintendent of Police, Ramanathapuram District.
Ns AE/GT/SAR2/13.03.2018/3P/4C W.A.(MD) No.236 of 2017 27.04.2017