Anispandi v. The Chairman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.10.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Anispandi ... Petitioner Vs 1.The Chairman, Tamil Nadu Uniformed Services Recruitment Board (TNUSRB), P.T.Lee, Chengalvaraya Naicker Building, No.807, 2nd Floor, Annasalai, Chennai - 600 002.

2.The Superintendent of Police, Virudhunagar District, Virudhunagar.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to issue appointment order in favour of the petitioner as Grade-II Police Constable with reference to the Final Provisional Selection List for the post of Grade II-PC (AR and TSP), Jail Warder and Fireman 2020 which published on 25.11.2021, within the time stipulated by this Court.

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For Petitioner : Mr.S.Balamurugan For Respondents : Mr.Veera Kathiravan Additional Advocate General Assisted by Mr.A.K.Manikkam Special Government Pleader

ORDER

Heard the learned counsel appearing for the writ petitioner and the learned Additional Advocate General assisted by the learned Special Government Pleader appearing for the respondents.

2. The writ petitioner applied in response to the recruitment notification issued by the first respondent Board calling for applications for the post of Grade-II Police Constable for the recruitment year 2020. The petitioner was implicated in Crime No.84 of 2019 on the file of Aviyur Police Station, Virudhunagar District. The said FIR culminated in final report and cognisance was taken in C.C.No.99 of 2021 on the file of Judicial Magistrate No.II, Virudhunagar. Vide order dated 10.02.2022, I had quashed the said proceedings in Cr.O.P(MD)No.1644 of 2022. The petitioner while submitting his application form had not disclosed his implication in the said FIR. He soon realised his mistake and submitted a revised form at the time of physical measurement test. His name was also included in the final selection list. A copy of the same has been enclosed in the typed set of papers also. However, 2/4

the appointment order is yet to be issued, he therefore, submitted a representation before the second respondent.

3. The second respondent is called upon to take a call in the matter. The second respondent will bear in mind that even though the petitioner had originally failed to disclose his implication in the FIR, he had made a disclosure about the same at the time of physical measurement test. His name was also included in the final selection list. Criminal case was also quashed by this Court entirely on merits. It was a case and counter. I am certain that the second respondent will bear in mind all these mitigating circumstances. Final order shall be passed within a period of eight weeks from the date of receipt of a copy of this order. This writ petition is disposed of. No costs. 20.10.2022 Index : Yes / No Internet : Yes/ No mga To 1.The Chairman, Tamil Nadu Uniformed Services Recruitment Board (TNUSRB), P.T.Lee, Chengalvaraya Naicker Building, No.807, 2nd Floor, Annasalai, Chennai - 600 002.

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G.R.SWAMINATHAN, J.

mga 2.The Superintendent of Police, Virudhunagar District, Virudhunagar.

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