Madras High Court
M.Pushparaj vs Tamil Nadu Uniformed Services ... on 22 June, 2023
W.P(MD)No.12473 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 22.06.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.12473 of 2023
and
W.M.P.(MD)Nos.10548 & 10550 of 2023
M.Pushparaj ... Petitioner
Vs.
1.Tamil Nadu Uniformed Services Recruitment Board,
Represented by its Member Secretary,
Old Commissioner of Police Office Campus,
Pantheon Road, Egmore,
Chennai-600 008.
2.The Superintendent of Police,
Thoothukudi District,
Thoothukudi. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying
this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the
impugned order of the 2nd Respondent in Na.Ka.No.A5/47117/637/2023 dated
10.05.2023 and quash the same as illegal and consequently direct the Respondents to
select and appoint the Petitioner for the post of Grade-II Police Constable in common
recruitment for the post of Grade-II Police Constable, Grade II Jail Warder and
Fireman 2022 within the time stipulated by this Court.
1/7
https://www.mhc.tn.gov.in/judis
W.P(MD)No.12473 of 2023
For Petitioner : Mr.M.Kannan
For Respondents : Mr.Veerakathiravan
Additional Advocate General
assisted by Mr.K.Balasubramani
Special Government Pleader
ORDER
Heard the learned counsel appearing for the petitioner and the
learned Additional Advocate General assisted by the learned Special
Government Pleader appearing 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 2022.
He was successful in the written examination as well as physical test.
However, the second respondent has issued the impugned memorandum
dated 10.05.2023 holding that the petitioner is a disqualified candidate.
The said order is put to challenge in this writ petition.
3. The learned counsel appearing for the petitioner reiterated all
the contentions set out in the affidavit filed in support of the writ
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W.P(MD)No.12473 of 2023
petition. He pointed out that even though the petitioner was prosecuted
in a criminal case, he had fairly disclosed his implication while filling up
the application form. He also would argue that he got acquittal
honourably and that therefore, he should be treated as a person not
involved in any criminal case. He relied on the order dated 01.02.2022
made in W.P.(MD)No.1950 of 2022(G.Venkatesh Vs. Tamil Nadu
Uniformed Service Recruitment Board). He pressed for granting relief
as sought for.
4. The learned Additional Advocate General contended that the
impugned order has been rightly passed. He pointed out that on a careful
reading of the Judgment of acquittal, one can come to the conclusion that
it is grounded on benefit of doubt and that therefore, the order impugned
in the writ petition does not warrant interference. He pressed for
dismissal of the writ petition.
5. I carefully considered the rival contentions and went through
the materials on record. It is true that the petitioner was implicated as an
accused in Crime No.29 of 2018 registered on the file of the Ammapatti
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W.P(MD)No.12473 of 2023
Police Station. One Jothi Murugan was the defacto complainant. The
case was investigated. Final report was filed. Cognizance was taken in
C.C.No.173 of 2018 on the file of the Judicial Magistrate Court No.II,
Sattur. The defacto complainant as well as P.W.2 struck to their original
testimony. However, vide order dated 23.11.2020, the petitioner was
acquitted. The learned counsel for the petitioner would argue that since
the complainant had not turned hostile, disqualification rule will not be
attracted. Rule 14(b) of Tamil Nadu Special Police Subordinate Service
Rules is as follows:-
Rule 14(b): No person shall be eligible for appointment to the
service by direct recruitment unless he satisfies the appointing authority
that
(i) that he is one of sound health, active habits and free from any
bodily defect or infirmity unfitting him for such service and
(ii) that his character and antecedents are such as to qualify him
for such service and
(iii)that such a person does not have more than one wife living.
(iv)that he has not involved in any criminal case before police
verification.
Explanation (1): A person who is acquitted or discharged on
benefits of doubt or due to the fact that the complainant turned hostile
shall be treated as person involved in a criminal case.
Explanation (2): A person involved in a criminal case at the time
of police verification and the case yet to be disposed of and subsequently,
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W.P(MD)No.12473 of 2023
ended in honourable acquittal or treated as mistake of fact shall be treated
as not involved in a criminal case and he can claim right for appointment
only by participating in the next recruitment.
6. Explanation is in two parts. A person who has been acquitted or
discharged on the benefit of doubt shall be treated as a person involved
in the criminal case. A person who has been acquitted or discharged due
to the fact that the complainant turned hostile shall be treated as a person
involved in the criminal case. It is true that in this case, the complainant
did not turn hostile.
7. The learned Additional Advocate General would point out that
P.W.4 Jacob Selvam turned hostile and it was this that led the trial
magistrate to acquit the petitioner on the ground of benefit of doubt.
I note that no independent witness was examined. Therefore, I am not in
a position to agree with the contention of the learned counsel appearing
for the petitioner that it was an honourable acquittal. He was acquitted
on the ground of benefit of doubt. Therefore, disqualification rule is
attracted. The impugned order is very much in consonance with the
aforesaid rule. No case of interference has been made out.
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W.P(MD)No.12473 of 2023
8. The Writ Petition is dismissed. No costs. Consequently,
connected miscellaneous petitions are closed.
22.06.2023
NCC : Yes/No
Index : Yes / No
Internet : Yes/ No
rmi
G.R.SWAMINATHAN, J.
rmi
To
1.Tamil Nadu Uniformed Services Recruitment Board,
Represented by its Member Secretary,
Old Commissioner of Police Office Campus,
Pantheon Road, Egmore,
Chennai-600 008.
2.The Superintendent of Police,
Thoothukudi District,
Thoothukudi.
W.P(MD)No.12473 of 2023
https://www.mhc.tn.gov.in/judis
W.P(MD)No.12473 of 2023
22.06.2023
https://www.mhc.tn.gov.in/judis
