Madras High Court
The Secretary Of State vs S.Beemarao on 18 June, 2025
Author: R.Subramanian
Bench: R.Subramanian
W.A.No.1741 of 2025
THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.06.2025
CORAM:
THE HONOURABLE MR. JUSTICE R.SUBRAMANIAN
AND
THE HONOURABLE MR. JUSTICE K.SURENDER
W.A.No.1741 of 2025
and
C.M.P.No.13304 of 2025
1.The Secretary of State,
Home Department,
Government of Tamil Nadu,
Chennai – 9.
2.The Chairman,
Tamil Nadu State Uniformed Service Recruitment Board,
No.807, P.T.Lee Chengalvaraya Naicker Maaligai,
Anna Salai, Chennai – 600 002.
3.The District Superintendent of Police,
Dharmapuri District,
Dharmapuri. ... Appellants
Vs.
S.Beemarao ... Respondent
Prayer: Writ Appeal filed under Clause 15 of Letters Patent, praying to set
aside the order dated 11.02.2011 made in W.P.No.2038 of 2011.
1/6
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W.A.No.1741 of 2025
For Appellants : Mr.P.Kumaresan,
Additional Advocate General
For Respondent : Mr.M.Muruganantham
*******
JUDGMENT
(Judgment of the Court was delivered by R.SUBRAMANIAN, J.)
Challenge is to the order of the writ Court dated 11.02.2011 made
in W.P.No.2038 of 2011, in and by which, the writ Court directed the
respondent to be appointed as Police Constable Grade II condoning the
lapse of non-disclosure of a criminal case that was registered against him.
2. The writ Court found that the offences complained of are very
minor offences and as such the non-disclosure cannot invite a drastic
consequence of rejection of his candidature. In coming to the said
conclusion, the writ Court had relied upon the judgment of the Hon’ble
Supreme Court in Dhananjay Malik and others Vs. State of Uttaranchal
and others reported in (2008) 4 SCC 171.
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3. Even subsequently in Avtar Singh Vs. Union of India and
others reported in (2012) 8 SCC 748, the Hon’ble Supreme Court had held
that whether such non-disclosure is condonable or not would depend upon
the seriousness of the offence complained.
4. Considering the fact that the offences for which the case was
registered against the respondent were very minor offences, we do not
propose to interfere with the order of the writ Court. Thought the order of
the writ Court is dated 11.02.2011, it is stated that the same has not been
complied with till date and a contempt petition is pending. The respondent
has also filed an affidavit stating that he is willing to forgo his seniority
from the year 2010 to till date.
5. In such circumstance, we direct the Authorities to implement
the order of the writ Court forthwith and in any event the respondent would
be entitled to seniority as if he was appointed today i.e., 18th of June 2025.
He will be sent for training with the 2025 Batch. We make it clear that the
seniority of the respondent will not depend on the marks obtained by him in
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the examination conducted by the Police Training College, in view of the
fact that the respondent had already given up his claim for appointment
along with the Batch of the year 2010. The seniority will be determined as
if he joined duty on 18.06.2025.
6. Accordingly, this Writ Appeal is disposed of. No costs.
Consequently, the connected miscellaneous petition is closed.
(R.S.M.,J.) (K.S.,J.)
dsa 18.06.2025
Index : No
Internet : Yes
Neutral Citation : No
Speaking order
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To
1.The Secretary of State,
Home Department,
Government of Tamil Nadu,
Chennai – 9.
2.The Chairman,
Tamil Nadu State Uniformed Service Recruitment Board,
No.807, P.T.Lee Chengalvaraya Naicker Maaligai,
Anna Salai, Chennai – 600 002.
3.The District Superintendent of Police,
Dharmapuri District,
Dharmapuri.
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R.SUBRAMANIAN, J.
and
K.SURENDER, J.
dsa
18.06.2025
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