S.Saravanan v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH S.Saravanan ... Petitioner vs.

1.The Secretary to Government, Home Department, Secretariat, Chennai 600 009 2.The Director General of Police, Kamarajar Salai, Chennai 600 004 3.The Chairman, Tamil Nadu Uniformed Services, Recruitment Board, 807, Anna Salai, Chennai 600 002 4.The Superintendent of Police, Sivagangai District, Sivagangai.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 4th respondent to issue 'No Objection Certificate' to the petitioner for enabling him to apply under Departmental Quota in the Recruitment of Sub-Inspector of Police, (Taluk, Armed Reserve and Tamil Nadu Special Police-2019) on or before 19.04.2019. For Petitioner : M/s.P.Kalaiyarasi Bharathi For Respondents : Mr.K.Chellapandian, Additional Advocate General Assisted by Mr.R.Sethuraman, Special Government Pleader.

O R D E R

The petitioner's candidature, being a departmental candidate, came to be rejected on the ground that certain charges were pending against him as on the date of the notification for the 1/3

post of Sub Inspector of Police.

2. The notification issued by Tamil Nadu Uniformed Services Recruitment Board in No.2 of 2019, dated 08.03.2019, prescribes the eligibility criteria for the departmental quota candidates as 20% and one of of the conditions required for applying under the departmental quota is that, the candidates should have a clean record without any punishment other than minor punishments of black mark, reprimand and censure in their entire service.

3. In the instant case, the petitioner herein was imposed with the punishment of postponement of next increment for a period of three years with cumulative effect, vide proceedings dated 09.01.2017 and on appeal, the period was modified from three years to one year. As such, the petitioner may not be qualified to seek for 20% quota for departmental candidates.

4. In view of the above facts and circumstances, I do not find any reason to direct the second respondent to issue 'No Objection Certificate' in favour of the petitioner. Accordingly, the Writ Petition stands dismissed. However, there shall be no order as to costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) sts To 1.The Secretary to Government, Home Department, Secretariat, Chennai 600 009 2.The Director General of Police, Kamarajar Salai,Chennai 600 004 3.The Chairman, Tamil Nadu Uniformed Services, Recruitment Board, 807, Anna Salai, Chennai 600 002 2/3

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

+1 CC to M/s.P.KALAIYARASI BHARATHI, Advocate ( SR-1513[F] dated 10/01/2020 ) Order made in Dated:

10.01.2020 KM/(03.02.2020) 3P 6C 3/3