Madras High Court
C.Arunkumar vs The Director General Of Police on 4 January, 2023
W.A(MD) No.611 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.01.2023
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
and
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.A.(MD) No.611 of 2022
C.Arunkumar ... Appellant
-vs-
1.The Director General of Police,
State Head Quarters Office,
Chennai – 4.
2.The Chairman,
Tamil Nadu Uniformed Services,
Recruitment Board,
Old Commissioner of Police Office Campus,
Pantheon Road, Egmore,
Chennai – 600 008.
3.The Superintendent of Police,
Madurai, Madurai District.
4.The Inspector of Police,
Chathirapatti Police Station,
Madurai District. ... Respondents
PRAYER: Writ Appeal filed under Section I5 of Letters Patent against
the order dated 10.05.2019 made in W.P.(MD)No.12670 of 2018.
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W.A(MD) No.611 of 2022
For Appellant : Mr.R.Murugan
For Respondents : Mr.Veera Kathiravan,
Assisted by Mr.K.Balasubramani,
Special Govt. Pleader.
JUDGMENT
(Judgment of the Court was delivered by D.KRISHNAKUMAR, J.)
Challenging the order dated 10.05.2019 made in W.P.(MD)No.
12670 of 2018, the appellant has come forward with this writ appeal.
2. The appellant was selected for the post of Police Constable
Grade II for the year 2017 and thereafter, his application was rejected by
order dated 26.04.2018, on the ground that he was suppressed the
information of involvement in criminal case in C.C.No.242 of 2013. As
against the same, the appellant has filed a Writ Petition in W.P(MD).No.
12670 of 2018 and this Court, by order order dated 10.05.2019,
dismissed the same. Hence, the appellant has filed a review application
on 05.07.2019 in Rev.Apl.W.(MD)No.88 of 2021. The said review
application was also dismissed by this Court on 21.10.2021. Challenging
the aforesaid order passed in the review application, the appellant has
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W.A(MD) No.611 of 2022
filed an intra Court appeal in W.A.No.(MD)No.2105 of 2021. This Court
by order dated 22.11.2021, dismissed the said writ appeal. Therefore, the
appellant has now filed the instant writ appeal, challenging the order
passed in W.P.(MD)12670 of 2018, dated 10.05.2019.
3. The learned counsel appearing for the appellant submitted that
at the time of registration of FIR in Crime No.668 of 2012, the appellant
was a juvenile and he has not completed 18 years. He further submitted
that the learned Single Judge omitted to take note of the facts that the
case registered against juvenile cannot be taken into consideration as
involvement in criminal case and prior to the notification issued by the
Government, the criminal case as against the appellant was ended in
acquittal and therefore, the order of the learned single Judge warrants
interference.
4. The learned Additional Advocate General appearing for the
respondents submitted that challenging the order passed in the writ
petition, the appellant has filed a review application in Rev.Apl.W.
(MD)No.88 of 2021. The said review application was also dismissed by
this Court on 21.10.2021. Challenging the aforesaid order passed in the
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W.A(MD) No.611 of 2022
review application, the appellant has filed an intra Court appeal in
W.A.No.(MD)No.2105 of 2021. This Court, by order dated 22.11.2021,
dismissed the said writ appeal without giving any liberty to the appellant
to challenge the said order. He further submitted that now the appellant
has filed the present writ appeal challenging the order passed by the
learned single Judge in W.P.(MD)12670 of 2018, dated 10.05.2019 and
therefore, this Writ Appeal is not maintainable and the same is liable to
be dismissed.
5. We have considered the submissions made by the learned
counsel appearing on either side and perused the materials available on
record.
6. On a perusal of the records, it is seen that in the review
application, this Court has considered the merits and rightly rejected the
review application, holding that the appellant has not disclosed in the
application form about the involvement of criminal case, from which he
was acquitted, that acquittal was only based on the benefit of doubt.
Challenging the same, the appellant has filed an appeal before this Court
in W.A.(MD)No.2105 of 2021. The Division Bench of this Court
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W.A(MD) No.611 of 2022
dismissed the said writ appeal by holding that as the scope of the review
itself is very limited, the same was rightly rejected and therefore, there is
no merits to entertain the writ appeal. When there is a specific order has
been passed in the aforesaid Writ Appeal, we are not inclined to entertain
the present writ appeal.
7. Accordingly, the order passed by the learned Single Judge in
W.P.(MD)No.12670 of 2018 is sustained and consequently, this Writ
Appeal is dismissed. No costs.
[D.K.K., J.] [R.V., J.]
04.01.2023
NCC : Yes / No
Index : Yes / No
vsm
To
1.The Director General of Police,
State Head Quarters Office,
Chennai – 4.
2.The Chairman,
Tamil Nadu Uniformed Services,
Recruitment Board,
Old Commissioner of Police Office Campus,
Pantheon Road, Egmore,
Chennai – 600 008.
____________
https://www.mhc.tn.gov.in/judis
W.A(MD) No.611 of 2022
D.KRISHNAKUMAR, J.
and
R.VIJAYAKUMAR, J.
vsm
3.The Superintendent of Police,
Madurai, Madurai District.
4.The Inspector of Police,
Chathirapatti Police Station,
Madurai District.
W.A.(MD)No.611 of 2022
04.01.2023
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