Madras High Court
The State Of Tamilnadu vs K.Vilvalingam on 7 January, 2021
W.A.(MD)No.13 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.01.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH
AND
THE HONOURABLE MRS. JUSTICE S.ANANTHI
W.A.(MD)No.13 of 2018
1.The State of Tamilnadu
represented by its
Director General of Police
Beach Road,
Chennai.
2.Uniform Service Recruitment Board,
Represented by its Chairman
Kamarajar Salai
Chennai. :Appellants
Vs.
K.Vilvalingam : Respondent
PRAYER: Appeal filed under Clause 15 of the Letters Patent against the
order of this Court in W.P.(MD) No.6014/2012 dated 16.04.2013.
For Appellants : Mr.K.P.Krishnadoss
Special Government Pleader
For Respondents : Mr.S.Rajasekar for
Mr.T.Lajapathi Roy
1/7
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W.A.(MD)No.13 of 2018
JUDGMENT
(Judgment of the Court was delivered by M.M.SUNDRESH, J.)
This writ appeal has been preferred by the appellants aggrieved over
the order of the learned single Judge, by which, the impugned order
cancelling the admission order on the ground that he was involved in a
criminal case and he has not mentioned about the same by suppressing it,
the learned single Judge allowed the writ petition, inter alia, holding that the
offence said to have been involved was too trivial and he was acquitted by
the competent Court. Challenging the same, the present appeal has been
filed.
2.The Tamil Nadu Uniformed Services Recruitment Board, namely,
the second appellant conducted selection for the post of Grade II Police
Constable for the year 2007-08. The respondent/writ petitioner was
provisionally selected. He also went through the medical examination,
having found fit enough to get the appointment. However, during police
verification, it was found that the respondent was involved in Crime No.
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W.A.(MD)No.13 of 2018
51/2005 for the offences punishable under Sections 188, 149, 279 and
294(b) IPC, 71(A) MCP Act 4/2, 177 and 184 of the Motor Vehicles Act.
Accordingly, a charge sheet was filed on 30.11.2005, in which, the
respondent was arrayed as Accused No.38. He attended the Court on
22.04.2009. He was acquitted honourably in Crl.R.C.No.337/2011 dated
08.06.2011. Thus, placing reliance upon the Rules 14(b) of Special Rules
for Tamil Nadu Special Police Subordinate Service, as amended in
G.O.Ms.No.101 dated 30.01.2003, he cannot be selected.
3. The learned Special Government Pleader for the appellants
submitted that the fact that the respondent was involved in a criminal case is
not in dispute. The appointment was not made in tune with Rule 14(b) of
the said Rules, which has been upheld by this Court. A mere acquittal per
se would not be the factor facilitating the respondent to get the appointment.
He has also not informed the appellants about the pendency of the acquittal.
4. The learned counsel for the respondent submitted that in view of
the decision rendered in Avtar Singh v. Union of India and others [(2016)
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W.A.(MD)No.13 of 2018
8 SCC 471] particularly, Paragraph Nos.38.4 and 38.4.1, the order of the
learned single Judge requires to be confirmed. There is no suppression
involved and the offence itself was trivial. In any case, he has been
acquitted honourably subsequent to the admission order dated 13.09.2006.
5. We do not find any error in the order of the learned single Judge
warranting interference. The allegation against the respondent is that he
along with scores of persons attended Thevar Jayanthi function, though
there was a prohibition in force. Admittedly, the name of the respondent
was not mentioned in the FIR. The records would show that he was served
with the copies only after the admission made. He attended the Court only
on 22.04.2009. He was acquitted on 08.06.2011 honourably. These factors
have also been mentioned in the counter affidavit filed by the appellants
themselves before the learned single Judge.
6. From the above, there is nothing to substantiate the statement made
in the impugned order, which the appellants seek to sustain that the
respondent was aware of the pendency of the case. In any case, the alleged
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W.A.(MD)No.13 of 2018
involvement was very trivial. When the respondent was honourably
acquitted, there cannot be any reliance upon the FIR, which also did not
indicate his name. The charge sheet was filed on 30.11.2005 and the result
of the selection was published on 11.03.2003 itself and the copy of the
charge sheet along with the documens was served upon the respondent is
thereafter. In the judgment referred supra, the Hon'ble Apex Court was
pleased to hold that even in a case of suppression or false information of
involvement in a criminal case, where, the acquittal or conviction have
already been recorded before filing the application, the denial for
employment is not automatic, especially, the offence alleged is very trivial
in nature and the incumbent would be unfit to hold the post.
7. In the case on hand, the respondent has been acquitted honourably
and therefore, no conviction against him. As stated, there is no material to
hold that he has suppressed the pendency of the criminal case at the earliest
point of time, as his name was not in the FIR. Thus, looking from any
perspective, the order of the single Judge requires to be confirmed.
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W.A.(MD)No.13 of 2018
8. Accordingly, the appeal stands dismissed. Inasmuch as the
respondent has already suffered substantial number of years during the
pendency of the proceedings, the appellants are directed to give effect to the
order of the learned single Judge within a period of twelve weeks from the
date of receipt of a copy of this judgment. However, we will make it clear
that our order cannot be construed to mean that the respondent is not
required to comply with the other requirements for the post before getting
appointed, which might include physical training. No costs.
[M.M.S., J.] & [S.A.I, J.]
07.01.2021
Index : Yes/No
Internet : Yes
RR
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W.A.(MD)No.13 of 2018
M.M.SUNDRESH, J
AND
S.ANANTHI, J
RR
Order made in
W.A.(MD)No.13 of 2018
07.01.2021
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