Manikandan.M v. The Director General Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.07.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN W.P.(MD)No.14587 of 2022 and W.M.P.(MD) No.10412 of 2022 M.Manikandan ... Petitioner Vs.

1.The Director General of Police Tamil Nadu Police Department, Mylapore, Chennai - 4.

2.Tamil Nadu Uniform Services Recruitment Board, Rep. by its Member Secretary, Old Cop Office Campus, Pantheon Road, Egmore, Chennai - 8.

3.The Superintendent of Police Madurai District, Madurai.

4.The Inspector of Police Oddanchatram Police Station, Dindigul District.

... Respondents 1/6

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the entire records pertaining to the order passed by the third Respondent vide his proceedings in Na.Ka.No.P1/43472/2021-7, dated 16.03.2022 and quash the same and consequently, direct the Respondents No.1 to 3 to appoint the petitioner in the post of Grade II Police Constable (AR). For Petitioner : Mr.A.Kesavan For Respondents : Mr.Veerakathiravan, Additional Advocate General assisted by Mrs.D.Farjana Ghousia, Special Government Pleader

O R D E R

This writ petition has been filed seeking a writ of Certiorarified Mandamus, to quash the order of the third Respondent vide his proceedings in Na.Ka.No.P1/43472/2021-7, dated 16.03.2022 and consequently, to direct the Respondents 1 to 3 to appoint the petitioner in the post of Grade II Police Constable (AR).

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2. The learned counsel for the petitioner submitted that the petitioner has applied through on-line for the posts of Grade-II Police constable, Grade-II Jail Warders and Firemen. He was assigned with an Enrollment No.1605709. His application was rejected on the ground that he suppressed the information relating to registration of a case in Crime No.1210 of 2021 in Oddanchatram Police Station

3. It is further submitted by the learned counsel for the petitioner that the above said case was registered only on 25.11.2021, after submission of his application. Therefore, the impugned order rejecting the application is illegal. Therefore, this writ petition has been filed.

4. Mr.Veerakathiravan, learned Additional Advocate General assisted by Mrs.D.Farjana Ghousia, learned Special Government Pleader takes notice for the respondents and submitted that the impugned order is apparently not correct, for the reason that the registration of case in Crime No.1210 of 2021 was subsequent to the date of application. Therefore, the reasoning given in the proceedings that the petitioner had 3/6

suppressed the information regarding registration of a case in Crime No.1210 of 2021 in the application, is not correct.

5. The order apparently shows that the petitioner has suppressed the material details with regard to criminal case.

6. As rightly pointed out by the learned counsel for the petitioner and by the learned Additional Advocate General that the criminal case was registered only on 25.11.2021, whereas, the application was submitted in the year 2020 and selection list was prepared on 22.02.2021. The order apparently shows that the non-application of mind and deserves to be set aside and accordingly, set aside.

7. Accordingly, the writ petition is allowed and the impugned order, dated 16.03.2022 passed by the third respondent is set aside and this Court, directs the respondents 1 to 3 to consider the petitioner's application to the post of Grade-II Police Constable (AR) uninfluenced by the previous order, dated 16.03.2022, in the light of the Tamil Nadu Police Subordinate Service Rules, and pass appropriate 4/6

orders within a period of four weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

15.07.2022 Index : Yes / No Internet : Yes / No RM To 1.The Director General of Police Tamil Nadu Police Department, Mylapore, Chennai - 4.

2.Tamil Nadu Uniform Services Recruitment Board, Rep. by its Member Secretary, Old Cop Office Campus, Pantheon Road, Egmore, Chennai - 8.

3.The Superintendent of Police Madurai District, Madurai.

4.The Inspector of Police Oddanchatram Police Station, Dindigul District.

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G.CHANDRASEKHARAN, J.

RM W.P.(MD)No.14587 of 2022 15.07.2022 6/6