P.Arunkumar vs The Director General Of Police
2023 Latest Caselaw 11791 Mad

                                                                              W.P.No.19097 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.19097 of 2023 &
                                                   WMP.No.18348 of 2023

                     P.Arunkumar                                            ... Petitioner

                                                           Vs

                     1. The Director General of Police,
                        Post Box No.601, Dr.Radhakrishnan Salai,
                        Mylapore, Chennai – 600 004.

                     2. The Superintendent of Police,
                        Ariyalur District.                                  ... Respondents

                     Prayer:- Writ Petition is filed, under the Article 226 of Constitution of
                     India, to issue a Writ of Certiorarified Mandamus calling for the records
                     of the second respondent pertaining to proceedings in C.No.A2/ 6309/
                     2023 dated 16.06.2023 and quash the same and consequently direct the
                     respondents to appoint the petitioner to the post of Grade II police
                     constable within the time stipulated by this Court.




                                  For petitioner       : Mr.T.Deeraj

                     1/6
https://www.mhc.tn.gov.in/judis
                                                                                W.P.No.19097 of 2023



                                  For Respondents    : Mr.P.Baladhandayutham
                                                       Special Government Pleader



                                                    ORDER

This Writ Petition has been filed to quash the proceedings of the

second respondent in C.No.A2/ 6309/ 2023 dated 16.06.2023 and

consequently direct the respondents to appoint the petitioner to the post

of Grade II Police Constable within the time stipulated by this Court.

2. The case of the writ petitioner is that he has been provisionally

selected for Grade II Police Constable for recruitment for the year 2022.

However, he has been non suited on the ground that there is a criminal

case registered against the petitioner for the offences under section 143,

188 of IPC.

3. It is the case of the respondent that the petitioner has

fraudulently suppressed his involvement in a criminal case and only on

verification, it came to know about the pendency of a criminal against the

https://www.mhc.tn.gov.in/judis W.P.No.19097 of 2023

petitioner. Therefore, submitted that, as per Rule 14[b] [ii] and [iv] of

TNSPSS, the impugned Order has been passed and the same needs no

interference.

4. I have perused entire materials available on record. On a perusal

of the First Information Report, it is seen that the First Information

Report has been registered for the offences under sections 143 and 188 of

IPC for certain alleged protest made by the students. The petitioner name

not found in the First Information Report and in the absence of any arrest

or issuance of summon, one may not know pendency of a criminal case

against him. It is also brought to the notice of this Court that the First

Information Report referred by the respondents in Crime No.555 of 2017

registered for the offence under sections 148 and 188 of IPC, has been

quashed by this Court in Crl.O.P.No.11121 of 2023 on 11.05.2023.

5. In this regard it is relevant to refer the judgment of the Apex

Court in Avtar Singh v. Union of India [(2016) 8 SCC 471] and as per

the dictum laid down by the Apex Court, mere non-disclosure of the

https://www.mhc.tn.gov.in/judis W.P.No.19097 of 2023

particulars of the cases which were pending against the petitioner which

has been quashed by this Court, 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 without the

knowledge of any person, that too his name has not been included in the

First Information Report, 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.

6. Accordingly, this Writ Petition is allowed and the impugned

proceedings of the second respondent dated 16.06.2023 is quashed and

the second respondent is directed to appoint the petitioner in the post

reserved for him within a period of two months from the date of receipt of

https://www.mhc.tn.gov.in/judis W.P.No.19097 of 2023

a copy of this Order. It is made clear that the petitioner cannot claim any

seniority. No costs. Consequently, connected miscellaneous petition is

closed.

04.09.2023

Index:Yes/No Neutral Citation : Yes/No vrc

To,

1. The Director General of Police, Post Box No.601, Dr.Radhakrishnan Salai, Mylapore, Chennai – 600 004.

2. The Superintendent of Police, Ariyalur District.

https://www.mhc.tn.gov.in/judis W.P.No.19097 of 2023

N.SATHISH KUMAR, J.

vrc

WP.No.19097 of 2023

s

04.09.2023

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