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2006 Supreme(Mad) 3536

SUDHANSU JYOTI MUKHOPADHAYA, FAKKIR MOHAMED IBRAHIM KALIFULLA
T. Sekar – Appellant
Versus
The Secretary to Government & Another – Respondent


Appearing Advocates: For the Appellant:C. Raghunatha Reddy, Advocate. For the Respondents: G. Sankaran, AGP.

Judgment :-

(Writ Appeal filed against the order of the learned single Judge passed in W.P. No.16375 of 2004 dated 17.6.04 as stated therein.)

S.J. Mukhopadhaya, J.

Pursuant to an advertisement, the appellant applied for recruitment to the post of Constable, Grade-II and was provisionally selected by Tamil Nadu Uniform Services Recruitment Board (hereinafter referred to as the Board). He was directed to appear on 26.8.03 before the Deputy Superintendent of Police, Tenkasi, for medical test and was found fit on such medical test. All other formalities were complied and while he was waiting for the letter of appointment, the respondent issued the impugned letter on 19.1.04 as per Rule 14 (b) of the Tamil Nadu Special Police Subordinate Service Rules, 1978 (hereinafter referred to as Rules, 1978) and refused to appoint the appellant on the ground of doubtful antecedent.

2. The appellant preferred W.P. No.16375/04 and brought to the notice of the learned single Judge that S.C. No.3/01 in which he was made an accused ended in his acquittal by judgment dated 30.10.01 passed by the 2nd Addl. Court of Sessions, Tirunelveli and thus the same cannot be taken into consideration by the respondent






















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