Sarathkumar.K v. The Chairman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and C.M.p.(MD) No.6910 of 2023 K.Sarathkumar ... Appellant -vs1. The Chairman, Tamil Nadu Uniformed Services Recruitment Board, 807, 2nd Floor, Anna Salai , Chennai - 600002.

2. The Director General of Police, Mylapore, Chennai - 600004.

3. The Superintendent of Police, O/o.Superintendent of Police, Madurai District.Madurai.

4. The Inspector of Police, Sholavanthan - Police Station, Madurai District.

... Respondents/

Respondents Writ Appeal filed under Clause 15 of Letters Patent to set aside the order, dated 22.03.2022, passed in W.P.(MD) No.11548 of 2021, on the file of this Court.

For Appellants :

Mr.D.Balamurugapandi For Respondent :

Mr.P.Veera Kathiravan Additional Advocate General assisted by Mr.S.P.Maharajan Special Government Pleader

J U D G M E N T

[Judgment of the Court was made by R.SUBRAMANIAN, J.] The challenge in the writ petition was to the rejection of the claim of the petitioner for appointment of Grade-II Police Constable on the ground that he has failed to disclose the criminal case that was launched against him. The writ court had dismissed the writ petition.

2. The question is whether such suppression by itself a reason to disqualify the petitioner is no longer res integra. The Hon'ble Supreme Court of

India in Satish Chandra Yadav v. Union of India, has held that the suppression of material information, particularly, information relating to arrest, prosecution and conviction etc., has clear bearing on the character, conduct and antecedent etc., and we have also had an occasion to consider a similar case, wherein, we have followed the above judgment of the Apex Court.

3. In view of the dictum of the Apex Court, this writ appeal fails and it is accordingly dismissed. No costs. Consequently, the connected miscellaneous petition is closed.

[R.S.M., J.] [L.V.G., J.] 20.06.2023 NCC : No Index : No Internet : Yes PKN

To:

1. The Chairman, Tamil Nadu Uniformed Services Recruitment Board, 807, 2nd Floor, Anna Salai , Chennai - 600002.

2. The Director General of Police, Mylapore, Chennai - 600004.

3. The Superintendent of Police, O/o.Superintendent of Police, Madurai District.Madurai.

4. The Inspector of Police, Sholavanthan - Police Station, Madurai District.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

PKN 20.06.2023