Madras High Court
R.Sekar vs The Chairman on 8 June, 2023
W.P(MD)No.13363 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.06.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.13363 of 2023
and
W.M.P.(MD)No.11261 of 2023
R.Sekar ... Petitioner
Vs.
1.The Chairman,
Tamil Nadu Uniform Services Recruitment Board,
No.807, P.T.Lee Chengalvarraya Naickar Malligai,
Anna Salai, Chennai – 2.
2.The Director General of Police,
Office of the Director General of Police,
Beach Road, Chennai.
3.The Superintendent of Police,
Office of the Superintendent of Police,
Sivagangai District. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Certiorarified Mandamus,
calling for the entire records connected with the order in
Na.Ka.No.A3/11758/2012 dated 24.01.2013 passed by the
1/6
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W.P(MD)No.13363 of 2023
3rd respondent and quash the same and consequently directing the
respondents to appoint the petitioner as AR Grade-II constable with all
service and other attendant benefits within the time stipulated by this
Court.
For Petitioner : Mr.Malaikani
For Respondents : Mr.Veerakathiravan,
Addl. Advocate General,
Assisted by Mr.N.Ramesh Arumugam,
Government Advocate.
ORDER
Heard the learned counsel for the writ petitioner and the learned
Additional Advocate General assisted by the learned Government
Advocate for the respondents.
2.The petitioner is an aspirant for the post of Grade II Police
Constable. He took part in the recruitment process held in the year 2012.
Though he was successful in the tests, he was disqualified on the twin
grounds of suppression of material facts and involvement in criminal
cases. The said order is put to challenge in this writ petition.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.13363 of 2023
3.I have to non-suit the writ petitioner on two grounds. (a) The
impugned order was passed as early as on 24.01.2013. We are now in
June 2023. The petitioner mounted his challenge after a lapse of a full
decade. The writ petition is hopelessly barred by laches. (b) The
petitioner though belonging to scheduled caste category is aged about 39
years. The petitioner has also crossed the age limit. The learned
Additional Advocate General would add that there is one more reason for
sustaining the impugned order. Though the petitioner might have been
deleted from the final report, he ought to have disclosed his implication
in the criminal case in his application form itself. The learned Additional
Advocate General relied on the decision of the Hon'ble Apex Court
reported in 2022 SCC Online SC 1300 (Satish Chandra Yadav Vs.
Union of India). Sub Clause C of Paragraph No.90 of the said judgment
reads as follows:-
“90.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
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W.P(MD)No.13363 of 2023
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.”
4.By applying the ratio laid down in the aforesaid decision, I have
to necessarily sustain the impugned order. The writ petition stands
dismissed. No costs. Consequently, connected miscellaneous petition is
closed.
08.06.2023
NCC : Yes/No
Index : Yes / No
Internet : Yes/ No
ias
To:-
1.The Chairman,
Tamil Nadu Uniform Services Recruitment Board,
No.807, P.T.Lee Chengalvarraya Naickar Malligai,
Anna Salai, Chennai – 2.
2.The Director General of Police,
Office of the Director General of Police,
Beach Road, Chennai.
3.The Superintendent of Police,
Office of the Superintendent of Police,
Sivagangai District.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.13363 of 2023
https://www.mhc.tn.gov.in/judis
W.P(MD)No.13363 of 2023
G.R.SWAMINATHAN, J.
ias
W.P(MD)No.13363 of 2023
08.06.2023
https://www.mhc.tn.gov.in/judis
