K.Radhakrishnan vs The Director General Of Police
2024 Latest Caselaw 17247 Mad

Madras High Court

K.Radhakrishnan vs The Director General Of Police on 2 September, 2024

Author: R.Subramanian

Bench: R.Subramanian

                                                                     W.A.(MD).No.1491 of 2024



                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                             DATED : 02.09.2024

                                                  CORAM:

                           THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                             and
                          THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI


                                       W.A.(MD).No.1491 of 2024


              K.Radhakrishnan                                        ... Appellant

                                                    -vs-

              1.The Director General of Police,
                Tamil Nadu,
                Chennai – 4.

              2.The Director,
                Tamil Nadu Uniformed Services Recruitment Board,
                Anna Salai, Chennai.

              3.The Superintendent of Police,
                Virudhunagar District,
                Virudhunagar.                                        ... Respondents

              PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act, against
              the order passed by this Court in W.P.(MD)No.14420 of 2018, dated
              10.05.2019.


                           For Appellant          : Mr.T.Aswin Raja Simman
                           For Respondents        : Mr.P.Veerakathiravan,
                                                   Additional Advocate General
                                                   Assisted by S.R.A.Ramachandran




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https://www.mhc.tn.gov.in/judis
              Page 1 of 4
                                                                         W.A.(MD).No.1491 of 2024




                                                 JUDGMENT

[Judgment of the Court was made by R.SUBRAMANIAN, J.]

The rejection of the appellant's candidature for appointment as

Grade II Constable in the Tamil Nadu Police Service was the subject matter

of the Writ Petition. The Writ Court dismissed the Writ Petition, by order

dated 10.05.2019, following the judgment in Honble Supreme Court in

Avtar Singh v. Union of India and Commissioner of Police, New Delhi

and another v. Mehar Singh. The Hon'ble Supreme Court has held as

follows:-

“33. So far as respondent Mehar Singh is concerned, his case appears to have been compromised. It was urged that acquittal recorded pursuant to a compromise should not be treated as a disqualification because that will frustrate the purpose of the Legal Services Authorities Act, 1987. We see no merit in this submission. Compromises or settlements have to be encouraged to bring about peaceful and amiable atmosphere in the society by according a quietus to disputes. They have to be encouraged also to reduce arrears of cases and save the litigants from the agony of pending litigation. But these considerations cannot be brought in here. In order to maintain integrity and high standard of police force, the Screening Committee may decline to take cognizance of a compromise, if it appears to it to be dubious. The Screening Committee cannot be faulted for that.”

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

2.Subsequently, also in the case of Chandra Yadav v. Union of

India reported in 2023 (7) SCC 536, the Hon'ble Supreme Court has

taken the same view. We had followed the said judgment in W.A.(MD)No.

609 of 2023 and disposed of on 12.06.2023. We see no reason to deviate

from the view, which have already taken.

3.Hence, the Writ Appeal fails and it is accordingly, dismissed. No

Costs. Consequently, connected miscellaneous petition is closed.

                                                          [R.S.M., J.]      [L.V.G., J.]
                                                                   02.09.2024
              NCC      :Yes/No
              Index :Yes/No
              Internet: Yes
              Mrn


              To

1.The Director General of Police, Tamil Nadu, Chennai – 4.

2.The Director, Tamil Nadu Uniformed Services Recruitment Board, Anna Salai, Chennai.

3.The Superintendent of Police, Virudhunagar District, Virudhunagar.

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

R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI, J.

Mrn

02.09.2024

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