Madras High CourtWP(MD)/7788/2013dismissed

Praveenraj v. The Director General Of Police

2018-02-27Honourable Mr Justice S.M. Subramaniam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.02.2018

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P(MD)No.7788 of 2013 and M.P.(MD) No.2 of 2013 Praveenraj ... Petitioner Vs.

1.The Director General of Police, Head Quarter Office, Chennai.

2.The Superintendent of Police, Thanjavur District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the impugned order of the 2nd Respondent in Na.ka.No. A2/11666/2012 dated 18.02.2013 and quash the same as illegal and direct the Respondents to select the Petitioner as eligible candidates for the post Grade II police Constable. For Petitioner : No appearance For Respondents : Mr.R.Sethuraman Special Government Pleader

ORDER

The order of non-selection of the writ petitioner for recruitment to the post of Grade II Police Constable is under challenge in this writ petition.

2.None appeared for the writ petitioner.

3.The order impugned dated 18.02.2013 states that the writ petitioner was not selected on account of the pendency of the criminal case against him in Cr.No.134 of 2011 under Section 294(b), 324 and 506(ii) IPC. This apart, the said fact was not stated in the application of the writ petitioner. The writ petitioner submitted his application for recruitment to the post of Grade II Police Constable pursuant to the notification issued by the respondents. The writ petitioner participated in the written examination and succeeded. Accordingly, the writ petitioner attended the physical verification test and medical test along with his certificates on 06.11.2012. However, the selection of the writ petitioner was deferred on account of the fact on verification of antecedents and character of the writ petitioner, the Department found that the criminal case was pending against the writ petitioner. This being the factum, the writ petitioner was not selected.

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4.This Court is of an opinion that the recruitment is to the post of Grade II Police Constable, which is an uniformed service. This apart, the candidate having a criminal case pending cannot be appointed to the police service. The competent authorities considered these aspects and not selected the writ petitioner. The Hon'ble Supreme Court of India has clearly stated that the persons having criminal case history cannot be appointed and even an order of acquittal cannot be a ground to claim appointment. Even in case of acquittal, the competent appointing authorities have got discretion to defer the selection. Thus, this Court is of an opinion that the writ petitioner has not made out any case for grant of relief as such sought for in this writ petition. 5.Accordingly, the writ petition stands dismissed. However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CSI) /True Copy/ Sub-Assistant Registrar To 1.The Director General of Police, Head Quarter Office, Chennai.

2.The Superintendent of Police, Thanjavur District.

+One cc to The Special Government Pleader, SR.No.52030 mm RL/4C/2P/KKR/SAR1/28/3/2018 W.P(MD)No.7788 of 2013 27.02.2018 https://hcservices.ecourts.gov.in/hcservices/