Madras High Court
Mr.S.Karthi vs The State Of Tamil Nadu on 5 July, 2023
W.P.Nos.25020, 25748, 26998, 25755, 31676 and 27820 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.07.2023
CORAM:
THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR
W.P.Nos.25020, 25748, 26998, 25755, 31676 and 27820 of 2022
and WMP Nos.23960, 24806, 24808, 26220, 26221, 24814, 24815, 31116,
31117, 27105 and 27107 of 2022
W.P.No.25020 of 2022
Mr.S.Karthi ...Petitioner
Vs
1.The State of Tamil Nadu,
rep by its Secretary to Government,
Home Department (Police XVII),
Fort St.George, Chennai-600 009.
2. The Chairman,
Director General of Police,
Tamil Nadu Uniformed Services Recruitment Board,
Old Commissioner of Police Office Campus,
Pantheon Road, Egmore, Chennai-600 008.
3. The Member Secretary,
Tamil Nadu Uniformed Services Recruitment Board,
Old Commissioner of Police Office Campus,
Pantheon Road, Egmore, Chennai-600 008.
4. The Director of Fire & Rescue Services,
Director General of Police,
No.17, Rukmani Lakshmipathi Road,
Egmore, Chennai-600 008 ...Respondents
https://www.mhc.tn.gov.in/judis
W.P.Nos.25020, 25748, 26998, 25755, 31676 and 27820 of 2022
PRAYER in WP No.25020 of 2022: Writ Petition filed under Article 226 of
the Constitution of India to issue a Writ of Certiorarified Mandamus to call
for the records relating to the impugned order dated 24.08.2022 in
Na.Ka.No.10824/Aa1/2019 issued by the 4th respondent rejecting appointment
to the petitioner as Firemen, citing G.O.Ms.No.386 dated 14.09.2021 amending
the Rule 5(B) of the Tamil Nadu Fire Subordinate Service Rules and quash the
same as issued without application of mind and contrary to settled proposition
of law and further direct the respondents to appoint the petitioner as Firemen in
the Tamil Nadu Fire Subordinate service based on the provisional selection list
dated 25.11.2021 in pursuant to the Notification vide Advertisement No.1/2020
dated 17.09.2020 for the recruitment of Grade II Police Constable, Grade II Jail
Warder, & Fireman, taking into account of the police verification report dated
24.12.2021 with all the consequential benefits in par with the other selected
candidates.
For Petitioner in : Mr.K.Chozhan
W.P.No.25020/2022 for Ms.Abarnashri
For Petitioners in : Mr.R.Thirumoorthy
25748, 26998, 25755,
31676 & 27820 of 2022
For Respondents : Mr.P.Kumaresan
in all WPs. Addl.Advocate General
Assisted by
Mr.L.S.M.Hasan Fizal
AGP
and Mrs.Sowmi Dattan
https://www.mhc.tn.gov.in/judis
W.P.Nos.25020, 25748, 26998, 25755, 31676 and 27820 of 2022
COMMON ORDER
These writ petitions have been filed challenging the Amendment and
also the order of the fourth respondent, rejecting to appoint the petitioners on
the ground that the petitioners are facing the criminal case or suppressing the
pendency of the criminal case and on being dissatisfied with their previous
conduct. Challenge has been made mainly on the ground that the Amendment
has been brought subsequent to the Notification.
2. Learned counsel for the petitioners as well as the learned Additional
Advocate General brought to the notice of this Court that the Amendment
brought in Sub Rule 3 on 14.09.2021 was struck down by the Madurai Bench
of Madras High Court and the same has been challenged before the Division
Bench in W.A (MD)Nos.232 and 233 of 2023 and the Division Bench by
judgment dated 08.03.2023 directed the authority to consider suitability of the
petitioners in terms of Rule 5 B(1) and take appropriate decision. Learned
counsel for the petitioners seek similar direction in these writ petitions also.
https://www.mhc.tn.gov.in/judis
W.P.Nos.25020, 25748, 26998, 25755, 31676 and 27820 of 2022
3. Learned Additional Advocate General would submit that they have
strictly followed the judgment of the Division Bench of the Madurai Bench of
Madras High Court and they have also followed the guidelines issued by the
Apex Court in the case of Satish Chandra Yadav vs Union of India & Others
reported in 2022 Live Law (SC) 798, wherein the Apex Court has held as
follows:-
“ 69. 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) Each case should be scrutinised thoroughly by the
public employer concerned, through its designated
officials-more so, in the case of recruitment for the
police force, who are under a duty to maintain order,
and tackle lawlessness, since their ability to inspire
public confidence is a bulwark to society.(See
Commissioner of Police vs Raj Kumar (2021) 8 SCC
347).
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
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W.P.Nos.25020, 25748, 26998, 25755, 31676 and 27820 of 2022
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.
c) The suppression of material information and
making a false statement in the verification Form
relating to arrest, prosecution, conviction etc., has a
clear bearing on the character, conduct and
antecedents of the employee. If it is found that the
employee had suppressed or given false information
in regard to the matters having a bearing on his
fitness or suitability to the post, he can be
terminated from service.
d)The generalisations about the youth, career
prospects and age of the candidates leading to
condonation of the offenders' conduct, should not
enter the judicial verdict and should be avoided.
e) The Court should inquire whether the Authority
concerned whose action is being challenged acted
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W.P.Nos.25020, 25748, 26998, 25755, 31676 and 27820 of 2022
mala fide.
f) Is there any element of bias in the decision of the
Authority?
g) Whether the procedure of inquiry adopted by the
Authority concerned was fair and reasonable?
4. However, the very notification bringing the amendment was struck
down by this Court and the Division Bench of Madurai Bench of Madras High
Court by judgment dated 08.03.2023 directed the authority to consider
suitability of the petitioners in terms of Rule 5 B(1) and take appropriate
decision. The same direction follows in this case also.
5. Learned counsel for the petitioners submit that the petitioners in all
these writ petitions have not suppressed the pendency of the criminal case and
the same has been disclosed in the application. That apart it is also brought to
the knowledge of this Court that some of the candidates are also appointed
despite the fact that they were having criminal case and subsequently the same
was closed.
https://www.mhc.tn.gov.in/judis
W.P.Nos.25020, 25748, 26998, 25755, 31676 and 27820 of 2022
6. This Court expect that the authorities should act fairly in all cases.
Accordingly, the appointing authority viz., The Director of Fire & Rescue
Services is directed to consider suitability of the petitioners in terms of Rule 5
B(1) and take appropriate decision within a period of two months from the date
of receipt of a copy of this order.
7. With the above direction, all the writ petitions are disposed of. No
costs. Consequently, connected miscellaneous petitions are closed.
05.07.2023
Index:Yes/No
Speaking order/Non-speaking order
sr
https://www.mhc.tn.gov.in/judis
W.P.Nos.25020, 25748, 26998, 25755, 31676 and 27820 of 2022
N.SATHISH KUMAR,J.,
sr
To
The Secretary to Government,
State of Tamil Nadu,
Home Department (Police XVII),
Fort St.George, Chennai-600 009.
2. The Chairman,
Director General of Police,
Tamil Nadu Uniformed Services Recruitment Board,
Old Commissioner of Police Office Campus,
Pantheon Road, Egmore, Chennai-600 008.
3. The Member Secretary,
Tamil Nadu Uniformed Services Recruitment Board,
Old Commissioner of Police Office Campus,
Pantheon Road, Egmore, Chennai-600 008.
4. The Director of Fire & Rescue Services,
Director General of Police,
No.17, Rukmani Lakshmipathi Road,
Egmore, Chennai-600 008.
W.P.Nos.25020, 25748, 26998, 25755, 31676
and 27820 of 2022
05.07.2023
https://www.mhc.tn.gov.in/judis
