Madras High Court
M.Yuvaraja vs The Director General Of Police on 5 December, 2023
Author: R.Vijayakumar
Bench: R.Vijayakumar
W.P.(MD)No.21571 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.12.2023
CORAM
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P.(MD)No.21571 of 2023 &
W.M.P.(MD)Nos.17983 & 17986 of 2023
M.Yuvaraja ...Petitioner
Vs.
1.The Director General of Police,
Tamil Nadu Police Department,
Mylapore, Chennai - 600 004.
2.Tamil Nadu Uniformed Services Recruitment Board,
Rep. by its Member Secretary,
Old Commissioner of Police Office Campus,
Pantheon Road,
Egmore, Chennai - 600 008.
3.The Director,
Fire and Rescue Department,.
No.17, Rukmani Lakshmipathi Road,
Chennai - 08.
4.The Superintendent of Police,
Theni District, Theni. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of
India to issue a writ of certiorarified mandamus calling for the records
relating to impugned proceedings in Na.Ka.No.19468/A1/2021-1 dated
07.07.2023 issued by the 3rd respondent herein and quash the same as
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W.P.(MD)No.21571 of 2023
illegal and arbitrary and consequently direct the respondents to appoint
the petitioner in the post of Fireman in Tamil Nadu Uniform Service
Department for the year 2022 based on the Provisional Selection List
published by the second respondent.
(Prayer amended vide Court order dated 05.12.2023 in W.M.P.
(MD)No.23581 of 2023 in W.P.(MD)No.21571 of 2023)
For Petitioner : Mr.M.Jeyakumar
For Respondents : Mr.J.Ashok,
Additional Government Pleader
ORDER
The present writ petition has been filed by an aspirant to the post
of Fireman challenging the order, wherein, his selection was cancelled
on the ground of suppression of pendency of criminal case against him.
2. The writ petitioner was arrayed as an accused in Crime No.34
of 2016 on the file of Uthamapalayam Police Station for the offences
punishable under Sections 147, 148, 294(b), 324, 506(ii) IPC on
02.04.2016. The petitioner has made an application to the post of
Fireman on 21.07.2022. In the said application, he has not referred
about his involvement in the criminal case. During Police verification,
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the same was brought to the notice of the Authorities and thereafter, the
order impugned has been passed rejecting his selection.
3. According to the learned counsel for the petitioner, the
petitioner was involved in a pathway dispute with his relatives and
thereafter, the matter was settled between the parties and the petitioner
was acquitted on 27.02.2017 and therefore, he has not mentioned about
the said involvement in the criminal case.
4. Per contra, the learned Additional Government Pleader
appearing for the respondents had contended that the order of acquittal
clearly discloses that the witnesses have turned hostile and the
petitioner has not been acquitted honourably. That apart, the petitioner
has suppressed about his involvement and acquittal in the criminal
case. Hence, he prayed for dismissal of the writ petition.
5. I have carefully considered the submissions on either side and
perused the records.
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6. Admittedly, the petitioner was involved in a criminal case,
wherein, an FIR was lodged against him on 18.01.2016 and he was
acquitted on the basis that the witnesses have turned hostile on
27.02.2017. When the petitioner had submitted his application on
21.07.2022, the petitioner had suppressed about his involvement. The
averments alleged in the FIR would clearly show that they are not
trivial in nature. Eventhough the petitioner contended that the dispute
is between the family members and they have settled the same, it is not
reflected in the order of the Criminal Court or the petitioner has not
approached this Court for quashment of FIR or Charge Sheet.
Therefore, it cannot be concluded that the matter is settled between the
parties. A perusal of the acquittal order clearly indicates that he is
acquitted only on the ground that the witnesses have turned hostile.
7. The learned counsel for the petitioner had relied upon the
Division Bench Judgment in W.A.(MD)No.938 of 2020, etc. batch
dated 05.06.2023 to contend that mere suppression of involvement in
criminal case would not be fatal in case the criminal case is trivial in
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nature. As already pointed out, this Court has already come to the
conclusion that the criminal case is not trivial in nature and the
petitioner was acquitted only on the ground that the witnesses have
turned hostile. Therefore, the Division Bench Judgment is not
applicable to the facts of the present case.
8. In view of the above said deliberations, there are no merits in
the writ petition and hence, the writ petition is dismissed. No costs.
Consequently, the connected Miscellaneous Petitions are closed.
05.12.2023
(2/2)
NCC : Yes/No
Index : Yes/No
Speaking/Non-speaking Order
mbi
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To
1.The Director General of Police,
Tamil Nadu Police Department,
Mylapore, Chennai - 600 004.
2.The Member Secretary,
Tamil Nadu Uniformed Services Recruitment Board,
Old Commissioner of Police Office Campus,
Pantheon Road,
Egmore, Chennai - 600 008.
3.The Director,
Fire and Rescue Department,.
No.17, Rukmani Lakshmipathi Road,
Chennai - 08.
4.The Superintendent of Police,
Theni District, Theni.
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R.VIJAYAKUMAR, J.
mbi
05.12.2023
(2/2)
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