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2021 Supreme(Mad) 2152

S.VAIDYANATHAN, A.A.NAKKIRAN
State of Tamil Nadu Rep. By the Secretary of Government Home Department Secretariat, Chennai – Appellant
Versus
Tr. E. Sugumar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : K.V. Sajeev Kumar, Government Counsel
For the Respondent:S.R. Rajagopal, Senior Counsel, Jayaprakash Narayan, Advocate

JUDGMENT :

S. Vaidyanathan, J.

(Prayer: Writ appeal is filed under clause 15 of the Letters Patent praying to set aside the order dated 16.12.2020 made in W.P.No.7229 of 2020 and allow the Appeal and thus render justice.)

1. Instant Writ Appeal is directed against the order dated 16.12.2020 made in W.P.No.7229 of 2020.

2. Mr.Sajeev Kumar, learned Government Counsel appearing for the Appellants submitted that the Respondent failed to disclose his involvement in a criminal case, as required under Rules 13 & 14 of the Tamil Nadu Special Police Subordinate Service Rules and therefore, the learned Single Judge ought not to have interfered with the order impugned in the Writ Petition. When a person is acquitted or discharged on benefit of doubt on the ground of witnesses turning hostile, the candidature will have to be rejected.

2.1. Learned Government Counsel further submitted that admittedly, there was a criminal case pending against the Writ Petitioner/Respondent herein and therefore, the Authority was right in rejecting the candidature of the Writ Petition. The learned Government Counsel also relied upon a judgment of the Apex Court in the case of State of Madhya Pradesh and Others vs. Ab

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