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Madras High CourtWP(MD)/5240/2019allowed

S.Sudalaipandian, v. The Chairman, Tamil Nadu

2022-12-23Honourable Mrs Justice S.Srimathy7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.12.2022

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY S.Sudalaipandian ... Petitioner Vs.

1.The Chairman, Tamil Nadu Uniformed Services Recruitment Board, No.807, P.D.V.Sengalvaraya Naicker Maligai, Anna Salai, Chennai - 2.

2.The Director General of Police, Kamarajar Salai, Kailasapuram, Mylapore, Chennai-4.

3.The Superintendent of Police, Tirunelveli District, Tirunelveli.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned order passed by the 2nd respondent in his proceedings RC.No.135173/Rect I(2)/2017-2 dated 26.12.2017 and to quash the same and consequently direct the respondents to issue an order of appointment to the petitioner as Grade II Police along with the selected candidates in the notification year 2012-2013 with pay all other monetary and service benefits. 1/7

For Petitioner : Mr.D.Selvanayagam For Respondents : Mr.N.Muthuvijayan, Special Government Pleader.

ORDER

The petitioner has challenged the impugned order dated 26.12.2017 and sought a consequential prayer to direct the respondents to appoint the petitioner to the post of Grade-II Police Constable.

2. The facts of the case are that the petitioner being an unemployed youth was aiming to the post of Grade-II Police Constable. The petitioner has registered under the combined recruitment process and his registration number is 3009380. The petitioner was permitted to participate in the physical measurement, in the endurance test, successfully passed the physical fitness and passed in the medical test and was eagerly awaiting for the appointment order.

3. While so, the third respondent vide his proceedings dated 12.12.2012 stated on enquiry it was found that a criminal case was registered against the petitioner in Pavoor Chattiram Police Station in Crime No.486/2009 for the offences under section 147, 148, 341, 324, 506 (ii) of IPC. As per Government 2/7

Rule No.101, Home (Police.9) Department, dated 30.01.2003 and Rules, for appointment to the post, one should not be involved in any criminal case. After conducting full fledged trial in the criminal case, the petitioner was acquitted from the above charges on benefit of doubt vide order 02.02.2012 by the Judicial Magistrate, Tenkasi. Aggrieved over the same, the petitioner preferred Crl.R.C(MD)No.53 of 2013 before this Court and the same was allowed vide order dated 30.01.2013 wherein, the benefit of doubt was converted as Hon'ble Acquittal.

4. In spite of the same, the respondents have not considered the petitioner's candidature, hence he has filed a Writ Petition in W.P.(MD). No. 2299 of 2013, which was heard along with the batch of cases. This Court vide order dated 26.03.2013 has directed the respondents to appoint the petitioner. However, the said appointment is subject to the result of final Judgment which was referred in Larger Bench of the Hon'ble Supreme Court reported in (2012) 7 MLJ 68 (SC) in the matter of Jainendra Singh Vs. State of U.P. Aggrieved over by the said order, the respondents had filed Writ Appeal in W.A. (MD). No.818 of 2014 and the same was disposed on 24.07.2017 with a direction to the Director General of Police to consider the case of the petitioner and take a decision one way or the other and remitted the matter to 3/7

the file of the Director General of Police for fresh consideration. Based on the said order, the present impugned order has been passed.

5. The respondents have filed a counter stated that police service being "uniform service", the candidate should have upright character and honesty, since the petitioner is not having institutional integrity and honesty the petitioner is not eligible to be appointed in the service. The petitioner is having criminal antecedents and it will erode the department.

6. Heard Mr.D.Selvanayagam, learned counsel for the petitioner and Mr.N.Muthuvijayan, learned Special Government Pleader for the respondents.

7. The Special Government Pleader vehemently objected stating that the petitioner while filling the application form for the question "Whether any criminal case is pending against you"? the petitioner has filled as "NO", which is a blanket lie. The Special Government Pleader also points out that since the petitioner has not come out with the clean hands, the petitioner is not entitled to any relief.

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8. On perusal of the entire materials on records, it is seen that the respondents have taken into consideration the judgment passed by the Judicial Magistrate, but the respondents failed to take into consideration the order passed in Crl.R.C.No.53 of 2013 of this Hon'ble Court, wherein it has been clearly held by this Court as under:- "In the result, the finding rendered by the trial Court insofar the petitioner/A8 is concerned that he is acquitted of the charges levelled against him based on 'Benefit of Doubt' is modified to the effect that he shall stand acquitted 'honorably'. Also, before parting from the case, this Court makes a significant observation that the petitioner will show his exemplary conduct beyond reproach by turning a new leaf in his future career/endeavours."

9. Since the petitioner was acquitted from the criminal case that too "Hon'ble Acquittal", then the petitioner is entitled to consider for appointment. Taking the age of the petitioner into consideration, this Court directing the respondents to grant an appointment order to the petitioner and the said exercise shall be completed within a period of six (6) weeks from the date of receipt of a copy of this order.

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10. Hence the Writ Petition is allowed as stated above. There shall be no order as to costs.

23.12.2022 Index : Yes / No Internet : Yes/ No GBG To 1.The Chairman, Tamil Nadu Uniformed Services Recruitment Board, No.807, P.T.Lee Chengalvaraya Naicker Maligai, Anna Salai, Chennai - 600 002.

2.The Director General of Police, O/o.Director General of Police Head Office, Chennai - 04.

3.The Superintendent of Police, Virudhunagar District, Virudhunagar.

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S.SRIMATHY, J.

GBG 23.12.2022 7/7