Madras High Court
Naveenraj vs 2 The Superintendent Of Police on 2 August, 2022
W.P.No.22029 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 2.8.2022
CORAM
THE HONOURABLE Mr.JUSTICE D.KRISHNAKUMAR
W.P.No.22029 of 2021
and W.M.P.No.23252 of 2021
1 Naveenraj ... Petitioner
Vs.
1 The Chairman
Tamil Nadu Uniformed Service Recruitment
Board, No.71, Adhithanar Road, Pudupet,
Komaleeswaranpet, Egmore, Chennai - 2.
2 The Superintendent of Police,
Dharmapuri District. ... Respondents
Prayer:- The Writ Petition is filed under Article 226 of the Constitution of
India, seeking for a Writ of Certiorarified Mandamus, to call for the records
in Na.Ka.No.A2/20700/2017 dated 09.10.2017 on the file of the 2nd
respondent and quash the same and further direct the respondents to give
appointment to the petitioner as Grade II Police Constable in the existing or
immediate future vacancy.
For Petitioner : Mr.M.Muruganantham
For Respondent No.1 : Mr.P.Kumaresan, A.A.G.
Assisted by Mrs.Sowmi Datton
Standing Counsel
For Respondent No.2 : Mr.S.Rajesh, G.A.
*****
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W.P.No.22029 of 2021
ORDER
The petitioner has applied for the post of Grade II Police
Constable pursuant to the notification issued by the respondent in the year
2017. The petitioner successfully passed written examination and physical
test conducted by the respondent Board. However, to his shock and
surprise, the second respondent has passed the impugned order of rejection
dated 9.10.2017 on the ground that the petitioner has suppressed the
involvement in the criminal case in Crime No.18 of 2017 for the offence
under Sec.341, 188, 353 and 143 of I.P.C. on the file of Kadathur Police
station. Challenging the said order, the petitioner has filed the instant writ
petition before this Court.
2. The learned counsel for the petitioner submits that the
petitioner was honourably acquitted from all the charges in the criminal
case, vide judgment dated 30.12.2020 in CC.No.112 of 2018 on the file of
Judicial Magistrate Court, Pappireddipatti and therefore, there is no legal
impediment for the respondents to consider the request of the petitioner for
appointment to the post of Grade II Police Constable and prays for quashing
of the impugned order of rejection.
https://www.mhc.tn.gov.in/judis
W.P.No.22029 of 2021
3. Mr.P.Kumaresan, learned Additional Advocate General for the
respondents submits that at the time of submitting the application, the
petitioner has not disclosed about his involvement in the criminal case in the
relevant column of the application submitted for the post of Grade II Police
Constable. As per Rule 14(b) (ii) & (iv) of Tamilnadu Special Police
Subordinate Service, a candidate being selected for the post of Grade II
Police Constable should not involved in any criminal case and having good
character.
4. Heard the rival submissions of the parties and perused the
materials available on record.
5. The learned counsel appearing for the petitioner has submitted
that originally, the petitioner's name was not found in the First Information
Report and subsequently, at the time of selection of the petitioner, his
name has been arrayed as A-17 in the aforesaid criminal case and therefore,
there is no legal impediment for the respondents to consider the request of
the petitioner for appointment to the post of Grade II Police Constable.
6. The learned Additional Advocate General appearing for the
respondents submitted that on the date of submitting application, criminal
case in Cr.No.187 of 2015 registered against the petitioner for the offence
under Sec.147, 294 (b), 325 & 506(i) I.P.C. and the said case was taken on
https://www.mhc.tn.gov.in/judis
W.P.No.22029 of 2021
file of the Judicial Magistrate Court in C.C.No.114 of 2017. The aforesaid
case was ended in acquittal on 30.12.2020. Therefore, at the time of
submitting application, criminal case was pending against the petitioner. As
per Rule 14(b) (ii) & (iv) of Tamilnadu Special Police Subordinate Service, a
candidate being selected for the post of Grade II Police Constable should not
involved in any criminal case and having good character. Therefore, the
petitioner is not eligible for selection to the post of Grade II Police
Constable for the year 2017.
7. As rightly pointed out by the learned Additional Advocate
General, as on the date of submitting application, a criminal case is pending
against the petitioner and the same was not disclosed by the petitioner in
the application and therefore, the petitioner is not eligible for the post of
Grade II Police Constable. Consequently, the writ petition fails and the
same is liable to be dismissed.
8. Accordingly, the writ petition is dismissed. No Costs. Connected
miscellaneous petition is closed.
2.8.2022
https://www.mhc.tn.gov.in/judis
W.P.No.22029 of 2021
Speaking / Non-Speaking order
Index:Yes/No
vaan
To
1 The Chairman
Tamil Nadu Uniformed Service Recruitment Board,
No.71, Adhithanar Road,Pudupet,Komaleeswaranpet, Egmore, Chennai2.
2 The Superintendent of Police,
Dharmapuri District.
https://www.mhc.tn.gov.in/judis
W.P.No.22029 of 2021
D.KRISHNAKUMAR,J.
vaan
W.P.No.22029 of 2021
and W.M.P.No.23252 of 2021
2.8.2022
https://www.mhc.tn.gov.in/judis
