Madras High Court
P.Ayyankalai vs The Director General Of Police on 4 January, 2023
W.P.(MD) Nos.11654 & 11655 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.P.(MD)Nos.11654 & 11655 of 2022
P.Ayyankalai ... Petitioner in
W.P.(MD)No.11654/2022
K.Athi Prabhu ... Petitioner in
W.P.(MD)No.11655/2022
Vs.
1.The Director General of Police,
State Head Quarters Office,
Chennai.
2.Tamilnadu Uniform Services Recruitment Board,
Old Commissioner of Police Office,
Pantheon Road, Egmore,
Chennai – 08.
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W.P.(MD) Nos.11654 & 11655 of 2022
3.The Superintendent of Police,
Sivagangai,
Sivagangai District.
4.The Additional Director General of Police
and Inspector General of Prisons,
Whanels Road, Egmore,
Chennai – 08. ... Respondents in
both W.Ps.
COMMON PRAYER : Petitions filed under Article 226 of the Constitution of
India, to issue a Writ of Certiorarified Mandamus, calling for the records
pertaining to the impugned order passed by the 3rd respondent in
Na.Ka.No.A3/19700/105/2020 dated 17.03.2022 and quash the same as illegal
and direct the respondents to appoint the petitioners as Grade-II Constables in
the service of the Tamil Nadu Police Department and disburse all other services
and monitory benefits.
For Petitioner : Mr.K.Dinesh
(In both W.Ps)
For Respondents : Mr.Veera Kathiravan,
(In both W.Ps) Additional Advocate General
Assisted by Mr.K.Balasubramani,
Special Government Pleader
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W.P.(MD) Nos.11654 & 11655 of 2022
COMMON ORDER
[Order of the Court was made by D.KRISHNAKUMAR, J.]
These Writ Petitions have been filed for issuance of a Writ of
Certiorarified Mandamus, calling for the records pertaining to the impugned
order passed by the 3rd respondent in Na.Ka.No.A3/19700/105/2020 dated
17.03.2022 and quash the same as illegal and direct the respondents to appoint
the petitioners as Grade-II Constables in the service of the Tamil Nadu Police
Department and disburse all other services and monitory benefits.
2. The learned counsel appearing for the petitioner submitted that the
petitioner was selected for the post of Police Constable Grade II for the year
2020 and thereafter, his candidature was rejected by the third respondent, vide
order dated 17.03.2022, on the ground that he was suppressed the information of
involvement in Crime No.10 of 2020. He further submitted that in the said
criminal case, the petitioner was released vide order of this Court dated
02.02.2022 in Crl.O.P.(MD)No.20823 of 2021. Without considering the said
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W.P.(MD) Nos.11654 & 11655 of 2022
fact, the third respondent has passed the impugned order dated 17.03.2022.
Hence, the impugned order is liable to be set aside.
3. According to the learned Additional Advocate General appearing for
the official respondents, at the time of submitting the application for the post of
Grade II Police Constable, the criminal case in Crime No.10 of 2020 was
registered against the petitioner and subsequently, charge sheet was filed on
07.05.2020 and the same is pending before the learned Judicial Magistrate,
Thiruppuvanam. He further submitted that after the results have been published,
a criminal original petition was filed in Crl.O.P.(MD)No.20823 of 2021 and
based on the compromise entered between the parties, the said petition was
allowed and the charge sheet filed as against the petitioner was quashed.
Therefore, the respondents considering the Rule 14(b)(ii) & (iv) of Tamil Nadu
Special Police Subordinate Services Rules, 1978, have rightly rejected the
petitioner's application and hence, this writ petition is liable to be dismissed.
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W.P.(MD) Nos.11654 & 11655 of 2022
4. We have heard the submissions made by the learned counsel appearing
on either side and perused the materials available on record.
5. Rule 14(b)(ii) & (iv) of Tamil Nadu Special Police Subordinate
Services Rules, 1978 reads as follows:
“14(b). No person shall be eligible for appointment to the
service by direct recruitment unless he satisfies the appointing
authority.
(i) ...
(ii) that his character and antecedents are such as to qualify him
for such service;
(iii)......
(iv) That he has not involved in any criminal case before police
verification.
.....”
6. Further, the Hon'ble Supreme Court in Satish Chandra Yadav Vs.
Union of India and others reported in 2022 SCC OnLine SC 1300, has held as
follows:
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W.P.(MD) Nos.11654 & 11655 of 2022
“90. In such circumstances, we undertook some exercise to
shortlist the broad principles of law which should be made
applicable to the litigations of the present nature. The principles are
as follows:
a) ......
b) Even in a case where the employee has made declaration
truthfully and correctly of a concluded criminal case, the employer
still has the right to consider the antecedents, and cannot be
compelled to appoint the candidate. The acquittal in a criminal case
would not automatically entitle a candidate for appointment to the
post. It would be still open to the employer to consider the
antecedents and examine whether the candidate concerned is
suitable and fit for appointment to the post.
.............”
7. In view of the aforesaid Rules and the judgment of the Hon'ble Supreme
Court, we are of the view that there is no merit in this Writ Petition and
consequently, the same is liable to be dismissed.
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W.P.(MD) Nos.11654 & 11655 of 2022
8. Accordingly, these Writ Petitions are dismissed. No costs. It is made
clear that the observations made in the order, will not influence the respondents
for considering the petitioners' candidature in the next selection process.
[D.K.K., J.] [R.V., J.]
04.01.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
vsm
To
1.The Director General of Police,
State Head Quarters Office,
Chennai.
2.Tamilnadu Uniform Services Recruitment Board,
Old Commissioner of Police Office,
Pantheon Road, Egmore,
Chennai – 08.
3.The Superintendent of Police,
Sivagangai, Sivagangai District.
4.The Additional Director General of Police
and Inspector General of Prisons,
Whanels Road, Egmore,
Chennai – 08.
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https://www.mhc.tn.gov.in/judis
W.P.(MD) Nos.11654 & 11655 of 2022
D.KRISHNAKUMAR, J.
and
R.VIJAYAKUMAR, J.
vsm
W.P.(MD) Nos.11654 & 11655 of 2022
04.01.2023
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