Madras High Court
B.Santhosh vs The Tamilnadu Uniformed Services ... on 5 January, 2021
W.A.No.963 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.01.2021
CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.A.No.963 of 2020
B.Santhosh ... Appellant
Vs.
1.The Tamilnadu Uniformed Services Recruitment Board,
rep. by its Member Secretary,
Old Commissioner of Police Office Campus,
Pantheon Road, Egmore,
Chennai – 600 008.
2.The Director General of Police,
Dr.Radhakrishnan Salai,
Mylapore, Chennai – 600 004.
3.The Superintendent of Police,
District Police Office,
Cuddalore. ... Respondents
Prayer: Appeal filed under Clause 15 of the Letters Patent against
the order dated 7.8.2020 made in W.P.No.10368 of 2020.
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W.A.No.963 of 2020
For Appellant : Mr.P.M.Gopalakrishnan
For Respondents : Mr.V.Jayaprakash
Narayanan
State Government Pleader
JUDGMENT
(Delivered by SENTHILKUMAR RAMAMOORTHY,J.)
We heard learned counsel for the appellant.
2. This intra-court appeal challenges the order dated
7.8.2020, whereby this Court refused to quash the impugned order
in the writ petition dated 9.3.2020.
3. The appellant challenged the aforesaid order dated
9.3.2020, whereby his application to the post of Grade II Police
Constable (TSP) for the year 2019 was rejected on the ground of
non disclosure of criminal cases that have been prosecuted against
the appellant. The main contention of the appellant is that those
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W.A.No.963 of 2020
criminal cases resulted in the acquittal of the appellant on the
ground that the witnesses for the prosecution turned hostile.
4. The learned Judge took note of the fact that the three
criminal cases related to offences under the Indian Penal Code and
that the acquittal of the appellant was not because it was found that
the appellant had not committed the offences in question, but on
the ground that the prosecution witnesses turned hostile. The
learned Judge also took note of a Full Bench judgment of this Court
in Manikandan and others v. The Chairman, Tamil Nadu Uniformed
Services Recruitment Board, Chennai, 2008 (2) CTC 97, wherein the
scope of Rule 14(b) of the Tamil Nadu Special Police Subordinate
Service Rules, 1978 was considered and it was held that even a
person who is acquitted on benefit of doubt in a criminal case could
be disqualified for selection to the police service if he failed to
disclose the criminal antecedents in his application form.
5. We find that the appellant has not made out any case to
interfere with the impugned order, wherein all the contentions of
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W.A.No.963 of 2020
the appellant were duly considered and the writ petition was
dismissed by following the principle laid down by the Hon'ble Full
Bench in the judgment cited supra. Accordingly, we are not inclined
to entertain this writ appeal.
In the result, this writ appeal stands dismissed. No costs.
(S.B., CJ.) (S.K.R., J.)
05.01.2021
Index : Yes
sasi
To
1.The Member Secretary,
Tamilnadu Uniformed Services Recruitment Board,
Old Commissioner of Police Office Campus,
Pantheon Road, Egmore,
Chennai – 600 008.
2.The Director General of Police,
Dr.Radhakrishnan Salai,
Mylapore, Chennai – 600 004.
3.The Superintendent of Police,
District Police Office,
Cuddalore.
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https://www.mhc.tn.gov.in/judis/
W.A.No.963 of 2020
THE HON'BLE CHIEF JUSTICE
AND
SENTHILKUMAR RAMAMOORTHY, J.
(sasi)
W.A.No.963 of 2020
05.01.2021
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