Madras High Court
The Director General Of Police vs P.Kokila on 15 April, 2025
Author: R.Subramanian
Bench: R.Subramanian
W.A.No.1162 of 2025
THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
AND
THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN
W.A.No.1162 of 2025
and
C.M.P.No.8977 of 2025
1.The Director General of Police.
Tamil Nadu Police,
Dr.Radhakrishnan Salai,
Mylapore, Chennai - 600 004.
2.The Superintendent of Police,
Salem District, Salem. ... Appellants
versus
1.P.Kokila,
D/o.B.Palanisamy,
No.382-1, Erusagoundan Puttur,
Ramireddipatti, Omalur,
Salem District - 636 501.
2.The Member Secretary,
Tamilnadu Uniformed Services Recruitment Board,
P.T.Lee Chengalvarayan Naicker Maligai,
No.807, 2nd Floor, Anna Salai,
Chennai - 600 002. ... Respondents
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, to set aside
the order passed in W.P.No.23718 of 2022 dated 31.07.2023.
1/5
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W.A.No.1162 of 2025
For Appellants : Mr.T.Chandrasekaran
Special Government Pleader
For Respondents : Mr.A.R.Suresh - R-1
JUDGMENT
(Judgment of the Court was made by R.SUBRAMANIAN, J.)
Challenge in this appeal is to the order of the writ court quashing the
order of the second appellant rejecting the candidature of the first
respondent for the post of Grade-II Police Constable on the ground that
there was suppression of pendency of a criminal case against her.
2. No doubt, it is proved that the First Information Report was
registered against the first respondent on 27.11.2021 for the alleged offence
under Section 174 of the Code of Criminal Procedure. Subsequently, the
First Information Report was altered to one of abetment to commit suicide
under Section 306 IPC r/w Section 3(2)(v) of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act. However, the said First
Information Report was closed as a mistake of fact on 23.04.2023.
3. The writ court had found that the very registration of the First
Information Report was after the completion of the selection process.
Therefore, there is no question of suppression of material information and
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the First Information Report itself was closed as a mistake of fact.
Therefore, the writ court had rightly found that this circumstance could not
be a disqualification for the first respondent and it will not affect his fitness
for employment.
4. Though Mr.T.Chandrasekaran, learned Special Government
Pleader appearing for the appellants would vehemently contend that the
appointing authority has got the right to reject the appointment if it finds
that the candidate may not be suitable due to the criminal antecedents, we
are unable to agree with his submission.
5. No doubt, criminal antecedent is a matter to be considered for
appointment as a Police Constable, but the facts of each case have to be
looked into. In the case on hand, the husband of the sister of the respondent
committed suicide. Based on the suicide note, the first respondent was
implicated. Subsequently the authorities, upon investigation, found that
there is no basis for the claim and the First Information Report was closed
as a mistake of fact. Therefore, the only fact that the First Information
Report was registered as against the first respondent cannot be a ground to
deny her employment.
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6. Hence, we do not see any reason to interfere with the order of
the learned single Judge. The Writ Appeal therefore fails and it is
accordingly dismissed. No costs. Consequently, the connected
Miscellaneous Petition is closed.
(R.S.M., J.) (G.A.M., J.)
15.04.2025
Speaking order
Index : No
Neutral Citation : No
sri
To
1.The Director General of Police.
Tamil Nadu Police,
Dr.Radhakrishnan Salai,
Mylapore, Chennai - 600 004.
2.The Superintendent of Police,
Salem District, Salem.
3.The Member Secretary,
Tamilnadu Uniformed Services Recruitment Board,
P.T.Lee Chengalvarayan Naicker Maligai,
No.807, 2nd Floor, Anna Salai,
Chennai - 600 002.
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R.SUBRAMANIAN, J.
and
G.ARUL MURUGAN, J.
sri
and
15.04.2025
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