S.VAIDYANATHAN
Manikandan – Appellant
Versus
State of Tamil Nadu, Rep. By its Member Secretary, Tamil Nadu Uniformed Services Recruitment Board – Respondent
ORDER :
The petitioner has come forward with the present writ petition, to call for the records made in C.No.A3/20868/2012 dated 29.10.2020 passed by the second respondent herein and quash the same as illegal and direct the respondent to appoint the petitioner as Grade II constable as directed by this Court in W.P.No.7957 of 2013 dated 11.01.2019 to secure the ends of justice.
2. According to the petitioner, though a criminal case was registered against him and a trial was conducted in C.C.No.1082 of 2011 on the file of the Judicial Magistrate No.II, Sankagiri, he was honourably acquitted of all charges. Since he was acquitted from the said criminal case honourably, he did not disclose the factum of the criminal case at the time of application to the post of Grade II constable. It is the further case of the petitioner that to the shock and surprise, the 2nd respondent passed the impugned order, refusing to consider the petitioner for appointment to the said post.
3. The respondents relied upon the judgments of the Hon'ble Supreme Court in the case of State of Madhya Pradesh vs. Abhijit Singh Pawar reported in 2018 (18) SCC 733 and also the yet another decision in Avtar Singh Vs.Union
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