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2019 Supreme(Mad) 2787

A.P.SAHI, SUBRAMONIUM PRASAD
C. Surendhar – Appellant
Versus
Director General of Police, Dr. Radhakrishnan Salai – Respondent


Advocates Appeared:
For the Appellant : Mr. G. Bala.
For the Respondents:Mr. R. Vijay Narayan, Advocate General assisted by Mr. V. Jayaprakash Narayanan, Government Pleader Mr. B. Vijay assisted the Court.

JUDGMENT :

A.P. SAHI, J.

PRAYER: Appeal under Clause 15 of the Letters Patent against the order dated 27.4.2019 passed by the learned Single Judge in W.P.No.30804 of 2018.

Heard the learned counsel for the appellant.

2. The appellant's claim for appointment to the post of Grade II Police Constable was rejected by the Superintendent of Police, Cuddalore, vide order dated 8.11.2018, on the ground that the appellant had been acquitted in a criminal case, as disclosed by him, on the strength of a finding giving the benefit of doubt, which was not an honourable acquittal and consequently, his engagement or recruitment as a Police Constable was unsustainable. For this reliance was placed on Explanation (1) of Rule 13(e) of the Special Rules for Tamilnadu Police Subordinate Service read with Explanations appended thereto. The said Rule is gainfully extracted herein under for ready reference:

    “Rule 13. Qualifications.- No person shall be eligible for appointment to the service by direct recruitment unless he satisfies the appointing authority.

(a) that he is of sound health, active habits and free from any bodily defect or infirmity unfitting him for such service;

(b) that his character and antec

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