Thiruganasampanthar. S v. The Chairman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.11.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN S.Thiruganasampanthar ... Petitioner Vs.

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

2.The Director General of Police, Kamarajar Salai, Chennai - 600 004.

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

... 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 of the impugned order passed by the 3rd respondent in C.No.A2(2)/34513/764/2020 dated 13.12.2021 and quash the same and consequently direct the 3rd respondent to appoint the petitioner in the post of Grade-II Police Constable, Tamil Nadu State Police on par with the 1/4

appointment made vide notification of the respondents for the year 2019 with all benefits.

For Petitioner : Mr.A.Balaji 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 C.C.No.193 of 2018 on the file of the Judicial Magistrate, Aruppukkottai. The said criminal case of course ended in acquittal. That was because the 2/4

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.

11.11.2022 Index : Yes / No Internet : Yes/ No ias To:

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

2.The Director General of Police, Kamarajar Salai, Chennai - 600 004.

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

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G.R.SWAMINATHAN, J.

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