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Madras High CourtWP(MD)/23380/2018dismissed

M.Mathan, v. The Member Secretary

2018-11-26Honourable Dr Justice G. Jayachandran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.112018

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN W.P.(MD).No.23380 of 2018 and W.P.(MD).Nos.21225 & 21226 of 2018 M.Mathan .. Petitioner

Versus

1.The Member Secretary, Tamil Nadu Uniformed Services Recruitment Board, (Old Office Complex of Commissioner of Police), Pantheon Road, Egmore, Chennai-600 008.

2.The Director General of Police of Tamil Nadu, Office of the Director General of Police of Tamil Nadu, Kamarajar Salai, Mylapore, Chennai-600 004.

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

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order in Na.Ka.No.A4/137/2018, dated 06.11.2018, passed by the third respondent and quash the same and consequently, direct the respondents to appoint the petitioner as Grade. II Police Constable (AR) based on the selection list published by the Tamil Nadu Uniformed Services Recruitment Board with effect from the date on which other candidates selected in the said selection list have been appointed and grant all the service and monetary benefits within a time limit to be fixed by this Court. For Petitioner : Mr.P.Murugesan For Respondents : Mr.A.Muthukaruppan, Addl., Government Pleader

ORDER

By consent of both parties, the main Writ Petition itself is taken up for final disposal at the stage of admission.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

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3. The petitioner has appeared for the recruitment of Grade II Police Constable. He has suppressed the fact about criminal prosecution launched against him. Though he was found not guilty and acquitted, for the suppression of the criminal trial faced by him, the impugned order has been passed stating that for the post of Police Constable, higher level of discipline and integrity is required. The suppression of criminal case faced by the petitioner and the nature of the offences for which he was prosecuted does not enure him to get appointment as Police Constable. It is also stated in the impugned order that the petitioner has been acquitted only by extending the benefit of doubt.

4. The conduct and antecedents of the petitioner does not worth considering his name for the appointment of Police Constable. The Appointing Authority has applied its mind and stated reasons for not considering the candidature of the petitioner herein. This Court finds that the reasons of the respondents is justifiable and therefore, no interference is required.

5. Therefore, this Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(AD-II) /True Copy/ Sub Assistant Registrar(CS-I) To 1.The Member Secretary, Tamil Nadu Uniformed Services Recruitment Board, (Old Office Complex of Commissioner of Police), Pantheon Road, Egmore, Chennai-600 008.

2.The Director General of Police of Tamil Nadu, Office of the Director General of Police of Tamil Nadu, Kamarajar Salai, Mylapore, Chennai-600 004.

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

+1cc to Mr.P.Murugesan Advocate in SR.No.96744 Order made in W.P.(MD).No.23380 of 2018 26.11.2018 STS PSSKN SAR1 07.12.2018 2P 5C https://hcservices.ecourts.gov.in/hcservices/