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2008 Supreme(Mad) 720

A.P.SHAH, FAKKIR MOHAMED IBRAHIM KALIFULLA, V.RAMASUBRAMANIAN
Manikandan – Appellant
Versus
Chairman, Tamil Nadu Uniformed Services, Recruitment Board, Chennai – Respondent


ADVOCATES APPEARED:
K. Venkatramani, Senior Counsel for M. Muthappan for V. P. Rajendran for S. Chandrasekaran and G, Jermiah, for Petitioners
P. Raja Kalifulla, Government Pleader, for Respondents

ORDER

V. RAMASUBRAMANIAN, J.

Finding a conflict of opinion between the judgment of a Division Bench in P. Virabhagu v. Union of India (2005) 1 MLJ 472 : (2005) 1 C.T.C. 420, which was followed by another Division Bench in an unreported decision in K. Ram Prasad v. State of Tamil Nadu decided on 6.12.2005 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 v. 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 Rulese

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 servicee

2. In P. Virabhagu v. Union of India ( supra) , the case of a person, who was denied appointment on the basis of his convic






































































































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