Madras High Court
M.Ashok Kumar vs The Director General Of Police on 23 June, 2023
W.P(MD)No.1271 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.06.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.1271 of 2023
M.Ashok Kumar ... Petitioner
Vs.
1.The Director General of Police,
State Head Quarters Office,
Chennai-600 004.
2.The Superintendent of Police,
Dindigul District,
Dindigul.
3.The Inspector of Police,
Nilakottai Police Station,
Dindigul District.
4.The Chairman,
Tamil Nadu Uniformed Services Recruitment Board,
Old Commissioner of Police Office Campus,
Pantheon Road, Egmore,
Chennai-600 008. ... 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 in
pursuant to the impugned proceedings in C.No.A9/22211/344/2020, dated 10.06.2022
by the second respondent and to quash the same as illegal and consequently, directing
the respondents 1 to 3 herein to issue appointment order to the petitioner to the post of
Grade-II Police Constable for the year 2020.
1/6
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W.P(MD)No.1271 of 2023
For Petitioner : Mr.P.Kalaiyarasi Bharathi
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 Police Constable
Grade-II. He took part in the recruitment process held in the year 2020.
The recruitment notification was issued on 07.10.2020. The police
verification was held on 04.12.2021. During the intervening period, the
petitioner came to be implicated in Crime No.618 of 2021 on the file of
the Nilakkottai Police Station. The case of the petitioner was that he
never took part in the crime but only endeavoured to separate warring
factions and to pacify the situation. Final report was filed on 05.01.2022
and the petitioner came to be deleted from the array of the accused. He
was shown as witness. The petitioner is figuring as P.W.10. He has
been described as eye witness to the incident. The petitioner was
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W.P(MD)No.1271 of 2023
successful in the written examination. He also cleared the physical
efficiency and endurance test. By the impugned order dated 09.01.2022,
the second respondent had disqualified the petitioner. Challenging the
same, this writ petition has been filed.
3. The learned counsel appearing for the petitioner reiterated all
the contentions set out in the affidavit filed in support of the writ petition
and called upon this Court to set aside the impugned order and grant
relief as prayed for.
4. The learned Additional Advocate General submitted that the
impugned order does not warrant interference in view of Rule 14(b) of
Tamil Nadu Special Police Subordinate Service Rules. He drew my
attention to Explanation II which states that even if the criminal case has
been closed as 'Mistake of Fact', the candidate can participate only in the
next recruitment. His emphasized that the validity of the Rule was
upheld by the Larger Bench in the decision reported in 2014 (2) CTC
337 (J.Alex Ponseelan Vs. Director General of Police). He called upon
this Court to go by the Full Bench and the Larger Bench and ignore the
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W.P(MD)No.1271 of 2023
decision rendered by the Benches of lesser strength. He pointed out that
the order in W.P.(MD)No.7773 of 2021, dated 21.04.2021 has been put to
challenge in W.A.(MD)No.42 of 2022. He also would point out that in
the order dated 05.06.2023 in W.A.(MD)Nos.938 of 2020 etc batch relied
on by the petitioner's counsel, there is no reference to the discussion in
Alex Ponseelan Judgement. As regards Explanation-II, in any event,
when the validity of the Rule has been upheld as such, it is not for this
Court to ignore the same. He called upon this Court to dismiss the writ
petition.
5. I carefully considered the rival contentions. The learned
Additional Advocate General is right in his contention that where there is
a conflict between a decision of the Larger Bench and a Bench of lesser
strength, this Court ought to go by the Larger Bench decision. But where
the Bench comprising lesser strength had rendered its decision after
referring to the decision of the Larger Bench, the subsequent Benches
either will have to follow it or to make reference once again. I am sitting
singly and not in a Division Bench, I am fully bound by the order dated
05.06.2023 made in W.A.(MD)No.938 of 2020 etc., batch. The Hon'ble
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W.P(MD)No.1271 of 2023
Division Bench had made a specific reference to J.Alex Ponseelan
Judgment as well as the relevant Rule. The Alex Ponseelan Judgment
was rendered in the year 2014. Subsequently, there was a communication
from the office of the DGP. Taking into account the various aspects, the
Hon'ble Division Bench held as follows:-
“(c). Therefore, it is clear that if a candidate has been discharged
or the case has been closed as mistake of fact or if the F.I.R or charge
sheet have been quashed on merits, this will lead to only one conclusion
that the candidate was not at all involved in the said criminal case. His
candidature should be considered in the said selection itself without
relegating him to the next selection process.”
6. The case on hand falls within the scope of the aforesaid ratio. In
this view of the matter, the order impugned in the writ petition is set
aside. The respondents are directed to appoint the petitioner as Police
Constable Grade-II. The petitioner of-course will be entitled to monetary
benefits only from the date when he joins the duty. However, his
seniority will be placed on par with this batchmates within a period of
eight weeks. The Writ Petition is allowed. No costs.
23.06.2023
NCC : Yes/No
Index : Yes / No
Internet : Yes/ No
rmi
https://www.mhc.tn.gov.in/judis
W.P(MD)No.1271 of 2023
G.R.SWAMINATHAN, J.
rmi
To
1.The Director General of Police,
State Head Quarters Office,
Chennai-600 004.
2.The Superintendent of Police,
Dindigul District,
Dindigul.
3.The Inspector of Police,
Nilakottai Police Station,
Dindigul District.
4.The Chairman,
Tamil Nadu Uniformed Services Recruitment Board,
Old Commissioner of Police Office Campus,
Pantheon Road, Egmore,
Chennai-600 008.
W.P(MD)No.1271 of 2023
23.06.2023
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