Madras High Court
V.Manikandan vs The State Of Tamil Nadu Rep. By Its ... on 4 September, 2023
W.P.No.23810 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.09.2023
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P.No.23810 of 2023 &
WMP.Nos.23319 & 23320 of 2023
V.Manikandan ... Petitioner
Vs
1. The State of Tamil Nadu Rep. by its Secretary,
Home [Police] Department,
Fort St. George, Chennai.
2. The Chairman,
Tamilnadu Uniformed Services Requirement Board,
Old Commissioner of Police Office Campus,
Pantheon Road, Egmore, Chennai – 600 008.
3. The Director General of Police/Director,
Firemen – Rescue Department,
No.17, Rukkumani Lakshmi Road,
Chennai – 600 008.
4. The Superintendent of Police,
Thiruvannamalai District, Thiruvannamalai. ... Respondents
1/7
https://www.mhc.tn.gov.in/judis
W.P.No.23810 of 2023
Prayer:- Writ Petition is filed, under the Article 226 of Constitution of
India, to issue a Writ of Certiorarified Mandamus Calling for records
sequel to the order issued by the third respondent pertaining to the
proceedings No. NA.KA. EN 19468/ A1/ 2021 dated 7.07.2023 and to
quash the same consequently direct the respondents to issue
appointment order to the petitioner for the of Grade II Firemen.
For Petitioner : Mr.H.Rambabu
For Respondents : Mr.M.Alagu Gowtham
Government Advocate – R1 & R2
ORDER
This Writ Petition has been filed to quash the impugned order
issued by the third respondent pertaining to the proceedings No. NA.KA.
EN 19468/ A1/ 2021 dated 7.07.2023 and consequently direct the
respondents to issue appointment order to the petitioner for the of Grade
II Firemen.
2. The petitioner was provisionally selected for the post of Fireman.
However, he has been non suited on the ground that a case has been
registered against the petitioner at the relevant point of time for the
https://www.mhc.tn.gov.in/judis
W.P.No.23810 of 2023
offences under sections 294, 323, 506 [1] of IPC read with section 4 of
Prohibition of Harassment of Women Act, 2002. However, the same has
been referred as mistake of fact. The impugned Order reads as follows :
AMENDMENT
“[3] No person shall be eligible for appointment to the
Service by direct recruitment unless he satisfied the
appointing authority that he has not involved in any in
criminal case before police verification.
Explanation [1] – A person who is acquitted or
discharged on the benefit of doubt or due to the fact that the
complainant turned hostile shall be treated as a person
involved in a criminal case.
Explanation [2] – A person involved in a Criminal case
at the time of police verification and the case is yet to be
disposed of and subsequently ended in honourable acquittal or
treated as mistake of fact shall be treated as not involved in a
criminal case and the can claim right for appointment only by
participating in the next recruitment.
https://www.mhc.tn.gov.in/judis
W.P.No.23810 of 2023
4/ vdnt. ePtPh; Fw;w tHf;Ffspy; <Lgl;Ls;sikahy;.
nkw;fhz; tpjpapd; fPHhd tpsf;fk; (2)?d;go j';fsJ Fzeyd;
kw;Wk; Ke;ija elj;ij jpUg;gjpfukhf ,y;iy vd;gjd;
mog;gilapy; jPaizg;nghuhf gzp epakdk; tH';f ,aytpy;iy
vd;w tptuk; bjhptpt;ff;gl;Ls;sJ/@
Hence, the petitioner seeks a direction to the respondents to appoint him
as Grade II Firemen.
3. Admittedly, the First Information Report has been registered
after a direction of the Judicial Magistrate, Arani for the said offences.
The allegation in the First Information is trivial in nature for a land
dispute between the neighbours. Law is well settled that when the matter
is trivial in nature, even any suppression will not have any serious impact
to the services. Admittedly, in this case, the First Information Report has
been registered in the year 2022 based on the direction of the Judicial
Magistrate. Therefore, on the ground of suppression that a case has been
registered against the petitioner cannot be put against him. Further, the
nature of allegation in the First Information Report is only trivial in
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W.P.No.23810 of 2023
nature.
4. In this regard, the Apex Court in the judgment in Avtar Singh
v. Union of India [(2016) 8 SCC 471] has held that mere non-disclosure
of the particulars of the cases which has been closed as mistake of facts,
in the considered opinion of this court will not have any serious impact
as the offences alleged were trivial in nature and the same, in fact, did
not involve any moral turpitude. Therefore, it cannot be said that the
petitioner was involved in a criminal case involving moral turpitude. The
involvement of the petitioner in the criminal case would no way affect
his fitness for employment. Therefore, merely on the date of the
application, if a candidate has stated that no criminal case is pending, it
cannot be said that he has suppressed deliberately. Hence, mere
pendency of a criminal case which has already been closed as mistake of
fact, such circumstances cannot be put against the petitioner to non suit
him in a Government job. In such view of the matter, the impugned
Order is liable to be quashed.
5. Accordingly, the impugned Order is quashed and the
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W.P.No.23810 of 2023
respondents are directed to appoint the petitioner in the post reserved for
the petitioner within a period of four weeks from the date of receipt of a
copy of this Order. No costs. Consequently, connected miscellaneous
petitions are closed.
04.09.2023
Index:Yes/No
Neutral Citation : Yes/No
vrc
To,
1. The Secretary,
Home [Police] Department,
Fort St. George, Chennai.
2. The Chairman,
Tamilnadu Uniformed Services Requirement Board,
Old Commissioner of Police Office Campus,
Pantheon Road, Egmore, Chennai – 600 008.
3. The Director General of Police/Director,
Firemen – Rescue Department,
No.17, Rukkumani Lakshmi Road,
Chennai – 600 008.
4. The Superintendent of Police,
Thiruvannamalai District, Thiruvannamalai.
https://www.mhc.tn.gov.in/judis
W.P.No.23810 of 2023
N.SATHISH KUMAR, J.
vrc
WP.No.23810 of 2023
04.09.2023
https://www.mhc.tn.gov.in/judis
