Sarathkumar.S v. The Director General Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.11.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.15193 of 2022 S.Sarathkumar ... Petitioner Vs.
1.The Director General of Police, Office of the Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.
2.The Superintendent of Police, Office of the Superintendent of Police, Ramanthapuram District, Ramanathapuram.
3.The Member Secretary, Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai - 600 002.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to impugned order passed by the 2nd respondent in 1/4
C.No.Estt.II(1)/26200/2020-4 dated 23.02.2022 and quash the same as illegal and unconstitutional and consequently direct the respondent herein to appoint the petitioner as police constable grade II (men) for the year 2020. For Petitioner : Mr.K.Muthumalai For Respondents : Mr.Veerakathiravan, Additional Advocate General, Assisted by Mr.A.K.Manikkam, Spl. Government Pleader.
ORDER
Heard the learned counsel for the writ petitioner and the learned Additional Advocate General assisted by the learned Special Government Pleader for the respondents.
2.The petitioner was an aspirant for the post of Grade-II Police Constable. Though he was successful in clearing the tests, he had been disqualified from being appointed. Questioning the order whereby he has been disqualified, the present writ petition has been filed. 3.It is not in dispute that the petitioner was shown as one of the accused in S.T.C.No.825 of 2016 on the file of the Judicial Magistrate, Paramakudi. 2/4
The said criminal case of course ended in acquittal. That was because the witnesses turned hostile. I went through the entire judgment. It cannot be said to be an honourable acquittal. In view of operation of Rule 13 of Special Rules for Tamil Nadu Police Subordinate Service Rules, I am unable to grant relief to the writ petitioner. The impugned order is sustained and the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.
11.11.2022 Index : Yes / No Internet : Yes/ No ias To:
1.The Director General of Police, Office of the Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.
2.The Superintendent of Police, Office of the Superintendent of Police, Ramanthapuram District, Ramanathapuram.
3.The Member Secretary, Tamil Nadu Uniformed Services Recruitment Board, Old Commissioner of Police Office Campus, Pantheon Road, Egmore, Chennai - 600 002.
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G.R.SWAMINATHAN, J.
ias 11.11.2022 4/4