V. Ramasubramanian, J.

Finding a conflict of opinion between the judgment of a Division Bench in P. Virabhagu vs- Union of India {(2005) 1 C.T.C. 420}, which was followed by another Division Bench in an unreported decision in K. Ram Prasad -vs-State of Tamil Nadu decided on 012. 2005 in W.P.No.21671 of 2005 and W.A.No.1963 of 2005 on the one hand and the decision of the latest Division Bench in T. Sekar -vs-Secretary to Government {(2007) 1 MLJ 510} on the other hand, Justice P. Jyothimani sought a reference of the following issues to the Full bench;

i. Whether the acquittal or discharge of a person in a criminal case on benefit of doubt would amount to a stigma on the life of a person so as to make him ineligible as per Rule 14(b), Explanation-1 of the Tamil Nadu Special Police Subordinate Rules?

ii. Whether the non-disclosure of involvement in a criminal case, which has ultimately ended in acquittal, but in some cases disclosed after acquittal, can be a ground for disqualifying the persons concerned from entering into the Government service?

2. In P. Virabhagu -vs- The Union of India {2005(1) C.T.C. 429}, the case of a person, who was denied appointment on the basis of