Madras High Court
D.Ranjith vs 4 The State Of Tamil Nadu on 4 August, 2022
W.P.No.9993 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 4.8.2022
CORAM
THE HONOURABLE Mr.JUSTICE D.KRISHNAKUMAR
W.P.No.9993 of 2022
and W.M.P.No.9699 of 2022
1 D.Ranjith ... Petitioner
Vs.
1 The Director General of Police,
Tamil Nadu Chennai-600 004.
2 The Superintendent of Police,
Villupuram, Villupuram District-605 602.
3 The District Police Office
Villupuram-605 602.
4 The State of Tamil Nadu
Rep. by Sub Inspector of Police,
Thiruvennainallur Police Station,
Thiruvennainallur,
Villupuram District-605 602. ... 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
of the 2nd respondent and to quash the proceedings in C.No.
A2/10200/2019 dated 10.12.2020 and quash the same.
For Petitioner : Mr.S.Sasikala
For Respondents : Mr.S.Rajesh, G.A.
*****
https://www.mhc.tn.gov.in/judis
1/5
W.P.No.9993 of 2022
ORDER
The petitioner has applied for the post of Grade II Police
Constable pursuant to the notification issued by the respondent in the year
2019. 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 10.12.2020 by stating that on police verification, it was found that
the petitioner was involved in a criminal case registered in Cr.No.44 of 2019
on the file of T.V.Nallur Police station for the offence under Sec.160 of
I.P.C. and charge sheet was filed on 18.1.2019. 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 acquitted from the aforesaid criminal case, vide judgment
dated 13.2.2020 in CC.No.508 of 2019 on the file of Judicial Magistrate
Court No.2, Ulundurpet 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.9993 of 2022
3. Mr.P.Kumaresan, learned Additional Advocate General for the
respondents submits that at the time of submitting the application, the
aforesaid criminal case was pending against the petitioner. It is further
stated by the learned Additional Advocate General that acquittal was made
by the criminal Court on 13.2.2020 on the ground of benefit of doubt, not
honourable acquittal. 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 second respondent has rightly passed the
impugned order rejecting the candidature of the petitioner.
4. Heard the rival submissions of the parties and perused the
materials available on record.
5. As rightly pointed out by the learned Additional Advocate
General appearing for the respondents, on the date of submitting
application, a criminal case was registered against the petitioner in
Cr.No.44 of 2019 on the file of T.V.Nallur Police station for the offence
under Sec.160 of I.P.C. and the said case was taken on file of the Judicial
Magistrate Court No.2, Ulundurpet in STC.No.508 of 2019. The aforesaid
case was ended in acquittal on 13.2.2020. Therefore, at the time of
https://www.mhc.tn.gov.in/judis
W.P.No.9993 of 2022
submitting application, a 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 2019. Consequently, the writ petition fails and the
same is liable to be dismissed.
6. Accordingly, the writ petition is dismissed. No Costs.
Connected miscellaneous petition is closed.
4.8.2022
Speaking / Non-Speaking order
Index:Yes/No
vaan
To
1 The Director General of Police, Tamil Nadu Chennai-600 004.
2 The Superintendent of Police, Villupuram, Villupuram District-605 602.
3 The District Police Office, Villupuram-605 602.
4 The Sub Inspector of Police, Thiruvennainallur Police Station,
Thiruvennainallur, Villupuram District-605 602.
https://www.mhc.tn.gov.in/judis
W.P.No.9993 of 2022
D.KRISHNAKUMAR,J.
vaan
W.P.No.9993 of 2022
and W.M.P.No.9699 of 2022
Dated: 4.8.2022
https://www.mhc.tn.gov.in/judis
