Madras High Court
S.Chenniappan vs The Member Secretary on 3 October, 2024
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
Writ Petition No.18288 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.10.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Writ Petition No.18288 of 2023
and
W.M.P.No.17490 of 2023
S.Chenniappan
S/o.Subramani ... Petitioner
Vs.
1.The Member Secretary,
Tamilnadu Public Service Commission,
Frazer Bridge Road, V.O.C. Nagar,
Chennai - 600 003.
(Near Dental College & Chennai Fort Railway Station)
2.The Secretary to Government,
Department of Public Health and Preventive Medicine,
Fort St.George, Chennai - 600 009. ... Respondents
[R2 suo motu impleaded as per order dated 25.04.2024 in W.P.No.18288
of 2023 by DBCJ]
Writ Petition filed under Article 226 of the Constitution of India
seeking issuance of a Writ of Certiorarified Mandamus calling for the
entire records pertaining to the impugned order Memorandum
No.5427/PSD-H2/2017, dated 17.04.2023 issued by the respondent and
quash the same and direct the respondent to appoint the petitioner for
selection to the post of Junior Assistant included in Group-IV services.
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Writ Petition No.18288 of 2023
For Petitioner : Mr.G.Murugendran
For Respondents : Mrs.G.Hema
Standing Counsel [R1]
Mr.M.Bindran
Additional Government Pleader [R2]
*****
ORDER
This writ petition has been filed challenging the impugned
proceedings of the first respondent dated 17.04.2023 rejecting the
candidature of the petitioner for the post of Junior Assistant and for a
consequential direction to the first respondent to appoint the petitioner to
the post of Junior Assistant Grade-IV services.
2. The case of the petitioner is that the first respondent issued a
notification dated 03.07.2017 calling for application for various posts
included in Group-IV services. The petitioner submitted his application
and he also informed about the pending criminal case against him. He
was called for certificate verification and the name of the petitioner was
also included in the ranking list. The provisional selection of the
petitioner was withheld by an endorsement dated 04.08.2017 on the
ground that the criminal case is pending against the petitioner.
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Writ Petition No.18288 of 2023
3. The petitioner underwent trial in C.C.No.15 of 2012 and the
petitioner was arrayed as A4 in this case. The Special Judge, TNPID
Court, Coimbatore, by judgment dated 05.04.2022, took into
consideration the fact that the offence has been compounded and the
entire amount along with interest was paid to all the depositors.
4. The trial Court, on considering the facts and circumstances
of the case, came to a conclusion that the accused persons must suffer a
punishment and sentence and accordingly ordered as follows:
"43. In the result, considering the nature and gravity of
the offence, this court is of the view that the accused are found
guilty and sentencing them under Sec.248(2) of Cr.P.C.
• A2 to A7 each to undergo one day simple imprisonment till
the rising of the court and each to pay fine of Rs.50,000/-
(Fine of Rs.50,000 x 6 accused), in total Rs.3,00,000/-
under Sec.120B r/w 420 of I.P.C., in default of payment of
fine to undergo further one and half years simple
imprisonment;
• A2 to A7 each to undergo one day simple imprisonment till
the rising of the court and each to pay fine of Rs.50,000/-
(Fine of Rs.50,000 x 6 accused), in total Rs.3,00,000/-
under Sec.420 of I.P.C., in default of payment of fine to
undergo further one and half years simple imprisonment;
• A2 to A7 each to undergo one day simple imprisonment till
the rising of the court and each to pay fine of Rs.50,000/-
(Fine of Rs.50,000 x 6 accused), in total Rs.3,00,000/-
under Sec.5 of TNPID Act, in default of payment of fine to
undergo further two years simple imprisonment;
• A2 to A7 each shall pay Rs.1,50,000. Total fine amount
Rs.9,00,000/-;
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Writ Petition No.18288 of 2023
• The sentences shall run concurrently.
• The imprisonment has already undergone by the accused, if
any, shall be set off as per Sec.428 of Cr.P.C.; and No
material object available for orders.
• No material object available for orders. Issue NBW against
A2 to A7."
5. Aggrieved by the above judgment of the trial Court, the
petitioner and other accused persons filed Crl.A.Nos.490 and 492 of
2022 before this Court. This Court, on considering the facts and
circumstances of the case and the judgment passed by the trial Court, was
pleased to allow the criminal appeals, by judgment dated 13.06.2022, in
the following terms:
"7. When the Act specifically makes the offence as
compoundable and when the entire amount with interest has been
paid to all the depositors, there was no special reason to reject the
plea to compound and proceed to convict the petitioners, and that
too by levying a huge amount of fine of Rs.9 Lakhs on the
appellants. In that view of the matter, I am of the view that the
appellants in these Criminal Appeals are entitled to succeed on the
following terms:-
(i) The factum as to the settlement of the entire amount to all
the 62 depositors involved in this case is recorded and the
offences are compounded under Section 5A of the TNPID
Act;
(ii) The conviction and sentence including the fine imposed by
the learned Special Judge, Special Court under the TNPID
Act, Coimbatore, by judgment dated 05.04.2022 in
C.C.No.15 of 2012 is set aside;
(iii)Criminal Appeals are allowed accordingly. Consequently,
the connected miscellaneous petitions are closed.
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Writ Petition No.18288 of 2023
(iv)The amounts which were already paid and pending with
the Competent Authority is directed to be disbursed to the
depositors in accordance with law and at no point of time
the appellants will be entitled to make any claim of the
amounts deposited by them in any manner."
6. After the above judgment was passed by this Court in the
criminal appeals, the petitioner made a representation dated 20.06.2022
to the first respondent bringing to the notice of the first respondent that
the conviction and sentence imposed by the trial Court has been set aside
in the appeals. In spite of this representation, there was no response and
hence, the petitioner filed W.P.No.5566 of 2023 for a direction to the
respondents to deal with the representation and consider the appointment
of the petitioner. This writ petition was disposed of by an order dated
27.02.2023 by issuing a direction to the respondents to take a decision as
expeditiously as possible.
7. Pursuant to the above order, the impugned proceedings dated
17.04.2023 came to be issued by the first respondent, rejecting the claim
made by the petitioner on the ground that the petitioner had suppressed a
material fact with respect to his conviction by the trial Court, which was
subsequently set aside in the appeals. Aggrieved by the same, the present
writ petition has been filed before this Court.
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Writ Petition No.18288 of 2023
8. The first respondent has filed a counter affidavit. The first
respondent has taken a stand that as per the notification, the candidate
has to inform regarding the arrest, conviction etc. at any stage of the
selection process and if the candidate suppresses material facts, his
candidature will be rejected. The first respondent has also taken note of
the office order dated 12.11.2020, which provides that for suppression of
material information, at any stage of the selection process, regarding
criminal cases, arrest, conviction etc., the candidate will be debarred from
appearing for examination/participating in the recruitment process
conducted by the Commission. In view of the same, the first respondent
has taken a very specific stand that the petitioner did not inform the first
respondent about his conviction and sentence passed by the trial Court
and he only informed after the appellate Court had set aside the judgment
in the criminal appeals. To that extent, there was suppression of material
fact and the same is a valid ground to reject the candidature of the
petitioner. Accordingly, the respondent has sought for the dismissal of
this writ petition.
9. Heard Mr.G.Murugendran, learned counsel for petitioner,
Mrs.G.Hema, learned Standing Counsel appearing for first respondent
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Writ Petition No.18288 of 2023
and Mr.M.Bindran, learned Additional Government Pleader appearing for
second respondent.
10. In the case in hand, there is no dispute with regard to the
fact that the petitioner had intimated at the time of submitting the
application that there is a criminal case pending against him. In fact, that
is why the candidature was withheld in spite of being provisionally
selected. The same is evident from the endorsement dated 04.08.2017.
11. The petitioner under went trial before the Special Court
along with the other accused persons. The matter was compounded and
the depositors were settled with the entire principal amount along with
interest. In spite of the same, the trial Court thought it fit to convict the
accused persons and imposed a flea bite sentence against him. The
sentence that was imposed against the accused persons was one day
simple imprisonment till the rising of the Court and to pay fine.
12. The above judgment of the trial Court became a subject
matter of challenge in criminal appeal in Crl.A.Nos.490 and 492 of 2022
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Writ Petition No.18288 of 2023
before this Court. This Court found that all the depositors were repaid
with interest. Therefore, there was no reason to reject the plea of
compounding the offence. Accordingly, this Court interfered with the
conviction and sentence imposed against the accused persons and the
judgment of the trial Court was set aside and the criminal appeals were
allowed.
13. After the above development, the petitioner made a
representation to the first respondent informing about the subsequent
developments. The only reason as to why the candidature of the petitioner
is not being considered and is rejected is that the petitioner did not inform
the respondents that he was convicted by the trial Court and was
sentenced. According to the first respondent, as per the notification and
as per the office order, any material information must be conveyed to the
first respondent and if the same is suppressed, it will result in rejecting
the candidature.
14. The fact that the petitioner was undergoing criminal trial
was not suppressed. Ultimately, this criminal trial has already ended in
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Writ Petition No.18288 of 2023
acquittal since the matter has been compounded. The same is evident
from the judgment passed in the criminal appeals by this Court. In view
of the same, the judgment of the trial Court pales into insignificance.
While that being so, the so-called suppression on the part of the petitioner
also does not hold water. The suppression of a material fact by a
candidate itself will materially affect the consideration of the candidate
for selection. If that material fact itself ceases to exist in view of the
subsequent development, there is no reason to reject the candidature on
the ground that the conviction and sentence passed by the trial Court was
not communicated to the respondents. In the case in hand, the offence
had been compounded and this Court found that there was no reason to
convict and sentence the accused persons in spite of the offence being
compounded. Accordingly, this Court permitted the offence to be
compounded. Hence, there is no conviction and sentence in this case
since the criminal case has been closed on the ground that the offence has
been compounded. Therefore, this Court holds that the petitioner not
informing the respondents about the judgment passed by the trial court,
will not result in suppression of a material fact.
15. In the light of the above discussion, the impugned
proceedings of the respondent dated 17.04.2023 is hereby quashed. There
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Writ Petition No.18288 of 2023
shall be a direction to the respondent to consider the appointment of the
petitioner to the post of Junior Assistant in the Group-IV services, if the
petitioner is otherwise qualified pursuant to his name already being
included in the provisional selection list. Necessary orders shall be passed
within a period of four (4) weeks from the date of receipt of a copy of this
order.
This writ petition is allowed with the above direction. No costs.
Consequently, connected miscellaneous petition is closed.
03.10.2024
Neutral Citation: Yes/No
Index: yes/no
Speaking Order/Non-Speaking Order
gm
To
1.The Member Secretary,
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Writ Petition No.18288 of 2023
Tamilnadu Public Service Commission,
Frazer Bridge Road, V.O.C. Nagar,
Chennai - 600 003.
(Near Dental College & Chennai Fort Railway Station)
2.The Secretary to Government,
Department of Public Health and Preventive Medicine,
Fort St.George, Chennai - 600 009.
N.ANAND VENKATESH, J
gm
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Writ Petition No.18288 of 2023
Writ Petition No.18288 of 2023
04.10.2024
https://www.mhc.tn.gov.in/judis
