Madras High Court
R.Seenuvasan vs The Director General Of Police on 16 August, 2023
W.P.No.6985 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.08.2023
CORAM :
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD
W.P.No.6985 of 2020
and W.M.P.No.8333 of 2020
R.Seenuvasan ... Petitioner
Vs.
1.The Director General of Police,
Head of Police Department,
Mylapore,
Chennai – 600 004.
2.The Superintendent of Police,
Cuddalore District,
Cuddalore.
3.Tamil Nadu Uniform Services Recruitment Board,
Rep. by its Member Secretary,
Old Commissioner of Police Campus,
Pantheon Road,
Egmore, Chennai – 600 008. … Respondents
Writ Petition filed under Article 226 of Constitution of India, praying
for issuance of Writ of Certiorarified Mandamus calling for the records
relating to the impugned order passed by the second respondent dated
Page No.1 of 10
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W.P.No.6985 of 2020
09.03.2020 vide in C.No.A4/14450/2019 and quash the same, consequently
direct the second respondent to appoint the petitioner as Grade II Police
Constable forthwith based on the selection of third respondent.
For Petitioner : Mr.R.Jothimanian
For Respondents : Mr.P.Kumaresan,
Additional Advocate General-VII
Assisted by,
M/s.P.Vijaya Devi,
Government Advocate and
J.Daniel,
Government Advocate
ORDER
This writ petition has been filed by the petitioner to call for the records
relating to the impugned order passed by the second respondent dated
09.03.2020 vide in C.No.A4/14450/2019 and quash the same, consequently
direct the second respondent to appoint the petitioner as Grade II Police
Constable forthwith based on the selection of third respondent.
2. The case of the petitioner is that the petitioner viz., R.Seenuvasan
has belongs to Scheduled Caste Community and completed his B.P.Ed.,.
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W.P.No.6985 of 2020
This being so, he has applied for the post of Grade-II Police
Constables/Grade II Jail Warders/ Fire Man for the year 2019, called for by
the third respondent. Thereafter, the petitioner has passed the written test,
physical measurement test and physical efficiency test and provisionally
selected for the aforesaid post. During the police verification, he was found
to have been involved in a criminal activities and criminal case was also
registered against him in Crime No.203 of 2012 under sections 147, 148, 323,
324 and 506(ii). However, the aforesaid criminal cases were ended in
acquittal. This being so, the second respondent in his proceeding
C.No.A4/14450/2019 dated 09.03.2020 has rejected the candidature of the
petitioner stating that he was not found eligible for the appointment of Grade-
II Police Constable as the previous character of the petitioner was not found
satisfactory. Challenging the said order, the petitioner has come forward
with the present writ petition.
3. Learned counsel for the petitioner submitted that writ appeal in
W.A.Nos.938 & 939 of 2020 have been filed before the Madurai Bench of
this Court. The Hon’ble Division Bench of this Court after elaborate
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W.P.No.6985 of 2020
discussion, by judgment date 05.06.2023 has allowed the writ appeals by
giving directions to the authorities concerned.
4. Learned counsel for the petitioner submitted that the directions
issued by this Court in the said judgment is squarely applicable to the facts of
the case on hand, therefore similar relief may be granted in the present writ
petition. For better appreciation, the relevant portion of the judgment is
extracted hereunder:
“21.W.A(MD).No.938 of 2020:
(d) it is clear from the records that the petitioner was
involved in a criminal case before the date of notification for the
recruitment and he had completely suppressed his such
involvement. The said involvement was found out only during
the police verification at the time of appointment. The
candidate has been acquitted on the ground of hostility of
witnesses. Therefore, we are of the opinion that the writ Court
was not right in allowing the writ petition and granting a
positive direction to select and appoint the candidate.
(e) It is for the employer to consider the suitability of the
candidate based upon his conduct and antecedents only if the
offences are trivial in nature.
(f) The order impugned in the writ petition is set aside
and the appointing authority is directed to reconsider the same
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W.P.No.6985 of 2020
in the light of proposition of law laid down by this Court in
Paragraph No.19 of this judgment.
(g) With the above observation, this Writ Appeal is
allowed. No costs. Consequently, connected miscellaneous
petition is closed.
22.W.A(MD).No.939 of 2020:
(e) We are of the opinion that the candidate has clearly
suppressed his involvement in the case despite having
knowledge about the same and he has been acquitted only on
the ground of hostility of witnesses. Therefore, it would not
confer any right upon the candidate to claim appointment as a
matter of right. It is for the employer to consider the suitability
of the candidate based upon his conduct and antecedents only if
the offences are trivial in nature. Therefore, the writ Court was
not right in issuing a positive direction to the authorities to
select and appoint the candidate.
(f) Accordingly, the order impugned in the writ petition
is set aside and this Writ Appeal stands allowed. The appellant
authority is directed to reconsider the candidature in the light of
paragraph No.19 of this judgment. No costs. Consequently,
connected miscellaneous petition is closed.”
5. According to the learned Additional Advocate General appearing for
the respondents, the candidate was involved in an offence and a criminal case
was also registered against him in Crime No.203 of 2012 on 14.11.2012
under sections 147, 148, 323, 324 and 506(ii) of I.P.C. The notification for
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W.P.No.6985 of 2020
the recruitment was issued on 06.03.2019. In the application form, his
involvement in the criminal case has been completely suppressed. Therefore,
he prayed for dismissal of this writ petition.
6. Heard the learned counsel on either side and perused the materials
available on record.
7. In the present case on hand, it is pertinent to extract the paragraph
19 of the judgment passed by the Madurai Bench of this Court in a batch of
writ appeals in W.A.(MD)Nos.398 of 2020 & etc., batch dated 05.06.2023
and the said paragraph is reads as follows:
“19. In the light of the above said deliberations, the
preposition of law could be summarized as follows:
(a).In case of honourable acquittal, discharge, case
closed as mistake of fact, quashing of F.I.R/Charge Sheet
before the date of police verification, the same should be
considered in favour of the candidate in the current selection
itself.
(b).Where the candidate has been acquitted on the
ground of benefit of doubt or hostility of witnesses (before the
date of police verification), that would not confer any right
upon the candidate to claim appointment as a matter of right.
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W.P.No.6985 of 2020
It is for the employer to consider the suitability of the
candidate based upon his conduct and antecedents only if the
offences are trivial in nature.
(c).Where the criminal case has been quashed ( before
police verification) on the basis of a compromise and the offence
is of trivial in nature, the same can be considered in favour of
the candidate in the current selection itself. However, if the
offence involved is not of a trivial in nature, the same cannot be
considered for appointment.
(d).Where a candidate having knowledge about his
involvement in a criminal case had suppressed the same in his
application and the said offence is not trivial in nature, he is not
entitled to seek any appointment. On the other hand, in cases of
trivial offences, without knowledge about his involvement or
after having knowledge had suppressed his involvement, the
employer in his discretion is entitled to consider the candidature
by considering his character and past antecedents.
(e).Where the candidate is involved in petty/trivial cases
like family dispute or dispute with neighbors or shouting of
slogans or traffic offence where fine was imposed, the same can
be considered to be offence of trivial/petty in nature. However,
the offence against women, children or under NDPS Act should
never be considered to be an offence of trivial in nature.
(f).Where the candidate is involved in criminal offences
under Juvenile Justice Act, he/she is to be considered in the light
of the Division Bench Judgment of this Court dated 01.03.2023
in Rev.Apln.No.17 of 2023 in W.A.No.2759 of 2018 (The
Superintendent of Police, Villupuram District
Vs.S.Rajeshkumar)
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W.P.No.6985 of 2020
(g). Pending the recruitment process, if a candidate is
discharged from the criminal case or acquitted in the criminal
case, he/she shall be eligible to be considered for the next
recruitment process as per Rule 14(b) of the Tamil Nadu State
Police Subordinate Service Rules.”
8. In view of the above factual matrix of the case, the impugned order
passed by the third respondent vide his proceeding in C.No.A4/14450/2019
dated 09.03.2020 is liable to be quashed and the same is hereby quashed and
this matter is remitted back to the second respondent to reconsider the
candidature of the petitioner afresh in the light of the law laid down in
paragraph No.19 of the aforesaid judgment passed by this Court in a batch of
writ appeals in W.A.(MD)Nos.398 of 2020 & etc., batch dated 05.06.2023,
within a period of six weeks from the date of receipt of a copy of this order.
9. This writ petition stands allowed with the above direction. No costs.
Consequently, connected miscellaneous petition is closed.
16.08.2023
vm
Index : Yes/No
Speaking Order : Yes/No
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W.P.No.6985 of 2020
To:
1.The Director General of Police,
Head of Police Department,
Mylapore,
Chennai – 600 004.
2.The Superintendent of Police,
Cuddalore District,
Cuddalore.
3.Tamil Nadu Uniform Services Recruitment Board,
Rep. by its Member Secretary,
Old Commissioner of Police Campus,
Pantheon Road,
Egmore, Chennai – 600 008.
J.SATHYA NARAYANA PRASAD,J.
vm
W.P.No.6985 of 2020
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W.P.No.6985 of 2020
16.08.2023
https://www.mhc.tn.gov.in/judis
