K.Sarathkumar vs The Chairman
2023 Latest Caselaw 6630 Mad

                                                                          W.A.(MD) No.857 of 2023


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 20.06.2023

                                                      CORAM:

                               THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                                 and
                              THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI


                                           W.A.(MD) No.857 of 2023
                                                    and
                                          C.M.p.(MD) No.6910 of 2023



                 K.Sarathkumar                                           ... Appellant
                                                       -vs-
                 1. The Chairman,
                    Tamil Nadu Uniformed Services
                    Recruitment Board,
                    807, 2nd Floor,
                    Anna Salai , Chennai - 600002.

                 2. The Director General of Police,
                    Mylapore, Chennai - 600004.

                 3. The Superintendent of Police,
                    O/o.Superintendent of Police,
                    Madurai District.Madurai.

                 4. The Inspector of Police,
                    Sholavanthan - Police Station,
                    Madurai District.                                  ... Respondents/

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https://www.mhc.tn.gov.in/judis
                                                                                     W.A.(MD) No.857 of 2023


                                                                                        Respondents

                           Writ Appeal filed under Clause 15 of Letters Patent to set aside the order,

                 dated 22.03.2022, passed in W.P.(MD) No.11548 of 2021, on the file of this

                 Court.

                                  For Appellants     : Mr.D.Balamurugapandi

                                  For Respondent     : Mr.P.Veera Kathiravan
                                                       Additional Advocate General
                                                       assisted by Mr.S.P.Maharajan
                                                       Special Government Pleader



                                                       JUDGMENT

[Judgment of the Court was made by R.SUBRAMANIAN, J.]

The challenge in the writ petition was to the rejection of the claim of

the petitioner for appointment of Grade-II Police Constable on the ground that he

has failed to disclose the criminal case that was launched against him. The writ

court had dismissed the writ petition.

2. The question is whether such suppression by itself a reason to

disqualify the petitioner is no longer res integra. The Hon'ble Supreme Court of

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https://www.mhc.tn.gov.in/judis W.A.(MD) No.857 of 2023

India in Satish Chandra Yadav v. Union of India, has held that the suppression

of material information, particularly, information relating to arrest, prosecution

and conviction etc., has clear bearing on the character, conduct and antecedent

etc., and we have also had an occasion to consider a similar case, wherein, we

have followed the above judgment of the Apex Court.

3. In view of the dictum of the Apex Court, this writ appeal fails and

it is accordingly dismissed. No costs. Consequently, the connected miscellaneous

petition is closed.

                                                         [R.S.M., J.]         [L.V.G., J.]
                                                                   20.06.2023
                 NCC      : No
                 Index : No
                 Internet : Yes
                 PKN




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https://www.mhc.tn.gov.in/judis W.A.(MD) No.857 of 2023

To:

1. The Chairman, Tamil Nadu Uniformed Services Recruitment Board, 807, 2nd Floor, Anna Salai , Chennai - 600002.

2. The Director General of Police, Mylapore, Chennai - 600004.

3. The Superintendent of Police, O/o.Superintendent of Police, Madurai District.Madurai.

4. The Inspector of Police, Sholavanthan - Police Station, Madurai District.

____________

https://www.mhc.tn.gov.in/judis W.A.(MD) No.857 of 2023

R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI, J.

PKN

W.A.(MD) No.857 of 2023

20.06.2023

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https://www.mhc.tn.gov.in/judis