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2016 Supreme(Mad) 2380

S.MANIKUMAR, C.T.SELVAM
Principal Secretary to Government, State of Tamil Nadu – Appellant
Versus
V. N. Varusai Mohamad – Respondent


Advocates Appeared:
For the Appellant : Special Government Pleader
For the Respondent: Mr. D. Sivaraman

JUDGMENT :

1. Challenge in this appeal is to an order made in W.P(MD)No.3168 of 2010, dated 25.11.2014, by which, the Writ Court has set aside the communication, dated 18.09.2009 and consequently, directed the appellants to select the writ petitioner to the post of Grade II Police Constable in service.

2. Short facts leading to the appeal are that the respondent/writ petitioner applied for the post of Grade-II Police Constable. He came out successful in all the tests and obtained 54 marks, as against the cut off mark fixed for Backward Class. He was not selected to the post. Under the Right to Information Act, he came to know that he was not selected for the following two reasons:-

(i) He suppressed his involvement in the criminal case in the application.

(ii) He was acquitted on benefit of doubt and not honorably, as such the petitioner is considered to be disqualified and not suitable for selection to the post in the police service.

3. Being aggrieved against the same, the petitioner filed W.P.(MD)No.3168 of 2010, contending inter-alia that failure to mention about the criminal case in the verification report was neither intentional nor willful and since the prosecution has failed to













































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