The Director General Of Police vs S.Satheesh Kumar
2022 Latest Caselaw 13767 Mad

                                                                               W.A.No.547 of 2022

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED: 02.08.2022

                                                        CORAM

                                      The Hon'ble Mr. Justice PARESH UPADHYAY
                                                            and
                                   The Hon'ble Mrs. Justice V.BHAVANI SUBBAROYAN

                                                   W.A.No.547 of 2022
                                                          and
                                                 C.M.P. No.4039 of 2022

                     1.The Director General of Police,
                       Kamarajar Salai, Chennai – 4.

                     2.The Superintendent of Police,
                       Kanchipuram District,
                       Kanchipuram.

                     3.The Chairman,
                       Tamil Nadu Uniformed Services
                          Recruitment Board,
                       Egmore, Chennai.                                             .. Appellant

                                                            Vs

                     S.Satheesh Kumar                                              .. Respondent



                                  Appeal preferred under Clause 15 of Letters Patent against

                     the order dated 05.02.2021 made in W.P.No.19738 of 2019.


                                       For Appellants   :        Mr.P.Kumaresan,
                                                                 Addl. Advocate General
                                                                 assisted by
                                                                 Ms.S.Mythreye Chandru,
                                                                 Spl. Govt. Pleader

                                       For Respondent   :        Mr.M.Gnanasekar

https://www.mhc.tn.gov.in/judis
                     Page 1 of 4
                                                                                 W.A.No.547 of 2022




                                                        JUDGMENT

(Delivered by PARESH UPADHYAY, J.)

Challenge in this appeal is made to the order dated

05.02.2021 recorded on W.P.No.19738 of 2019. This appeal is by

the State Authorities – respondents in the writ petition.

2. Learned Additional Advocate General for the appellants

has submitted that the direction by learned single Judge to give

appointment on the post of Police Constable Grade II is

unsustainable and this appeal be entertained. Learned Additional

Advocate General for the appellants has taken this Court through

the earlier rounds of litigation and has submitted that this was not

the case where discretion under Article 226 of the Constitution of

India can be exercised.

3. On the other hand, learned advocate for the respondent/

writ petitioner has contested this appeal and has submitted that

inspite of the acquittal of the writ petitioner (on merits) in a trifle

issue, the appointment was denied and after more than one rounds

https://www.mhc.tn.gov.in/judis

W.A.No.547 of 2022

of litigation, learned single Judge has given directions and

therefore the same be not interfered with. It is submitted that this

appeal be dismissed.

4. Having heard learned advocates for the respective parties

and having considered the material on record, more particularly

the earlier rounds of litigation, this Court finds that the direction

by learned single Judge in favour of the writ petitioner is only in

continuation of the earlier round, which the Government has lost

right upto the Division Bench. Any interference by this Court in the

present appeal would be in conflict with the other directions given

by this Court in earlier rounds. For these reasons, this appeal

needs to be dismissed.

5. Accordingly, the writ appeal is dismissed. No costs.

Connected miscellaneous petition would not survive.

                                                                      (P.U., J)    (V.B.S., J)
                                                                               02.08.2022
                     Index:No
                     mmi/10

https://www.mhc.tn.gov.in/judis

W.A.No.547 of 2022

PARESH UPADHYAY, J.

and V.BHAVANI SUBBAROYAN, J.

mmi

W.A.No.547 of 2022

02.08.2022

https://www.mhc.tn.gov.in/judis