Madras High Court
S.Melkistar vs The Director General Of Police on 15 July, 2021
W.A.(MD)No.585 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.585 of 2021
in C.M.P.(MD) No.2648 of 2021
S.Melkistar .. Appellant/Writ Petitioner
Vs.
1.The Director General of Police,
Tamil Nadu Police Department,
Mylapore,
Chennai – 600 004.
2.Member Secretary,
Tamil Nadu Uniformed Services Recruitment Board,
Old Commissioner of Police Office Campus,
Pantheon Road, Egmore,
Chennai – 600 008.
3.The Superintendent of Police,
Tirunelveli District,
Tirunelveli. .. Respondents/Respondents
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent,
praying to set aside the order dated 10.05.2018, in W.P.(MD)No.16404 of
2018.
For Appellant : Mr.M.S.Suresh Kumar
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W.A.(MD)No.585 of 2021
For Respondents : Mr.A.K.Manickam
Standing Counsel for Government
JUDGMENT
***************
[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]
Heard Mr.M.S.Suresh Kumar, learned counsel for the appellant
and Mr.A.K.Manickam, learned Standing Counsel for Government,
appearing for the respondents.
2.This Writ Appeal by the State is directed against the order and
direction issued dated 10.05.2018, in W.P.(MD) No.16404 of 2018, which
was disposed of along with a batch of cases.
3.The question involved in this Writ Appeal is whether the
appellant is eligible to be considered for selection to the post of Grade II
police constable. The appellant's case was rejected on the ground that he
has not disclosed the criminal case, which was registered against him, in
the application and that the appellant had been acquitted by benefit of
doubt by the Criminal Court.
4.The argument of Mr.M.S.Suresh, learned counsel for the
appellant/petitioner is that the appellant has been categorized in category
– III of the tabulated statement. It is contained in paragraph 35 of the
impugned order and he should have been categorized in category - II.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.585 of 2021
5.Firstly, the petitioner is seeking employment in uniformed
service. It is for the employer, namely, Tamil Nadu Police Department to
consider non-disclosure of pendency of criminal cases or involvement in
criminal cases, arrest and enlargement on bail are very serious matter. In
our considered view, the same cannot be interfered. However, some
leniency is shown when the acquittal is honourable acquittal. Admittedly,
in the case on hand, the appellant was acquitted on benefit of doubt as
the prosecution failed to prove the charge. It is open to the respondent
department to hold that that could be not suitable to the police force.
Therefore, we are of the view that the learned Single Judge is right in
dismissing the Writ Appeal and we do not find any ground to interfere
with the same.
6.Accordingly, the Writ Appeal stands dismissed. No costs.
Consequently, connected Miscellaneous Petition is also dismissed.
[T.S.S., J.] & [S.A.I., J.]
15.07.2021
Index : Yes / No
Internet : Yes / No
sj
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.585 of 2021
T.S.SIVAGNANAM, J.
AND
S.ANANTHI, J.
sj
Note: In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized
for official purposes, but, ensuring that the copy
of the order that is presented is the correct copy,
shall be the responsibility of the advocate/litigant
concerned.
To
1.The Director General of Police,
Tamil Nadu Police Department,
Mylapore,
Chennai – 600 004.
2.Member Secretary,
Tamil Nadu Uniformed Services Recruitment Board,
Old Commissioner of Police Office Campus,
Pantheon Road, Egmore,
Chennai – 600 008.
3.The Superintendent of Police,
Tirunelveli District,
Tirunelveli.
JUDGMENT MADE IN
W.A.(MD)No.585 of 2021
15.07.2021
https://www.mhc.tn.gov.in/judis/
