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D. KRISHNAKUMAR, R. VIJAYAKUMAR
Director General of Police, Tamil Nadu Police Department – Appellant
Versus
K. Indhu Kumar – Respondent
JUDGMENT :
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, to set aside the order dated 10.05.2019 made in W.P. (MD) No. 14248 of 2018 on the file of this Court and allow the Writ Appeal.
(A) FACTUAL BACKGROUND:
1. Considering the common issue involved, the above 12 Writ Appeals and 13 Writ Petitions have been tagged together and posted before the Division Bench. Out of the 12 Writ Appeals, 9 Writ Appeals have been filed by the aspirants to the post of Grade-II Police Constable challenging the order of writ Court confirming the rejection of their selection. 3 Writ Appeals have been filed by the Department challenging the allowing of the writ petitions by the writ Court with a direction to select the aspirants. 13 writ petitions filed by the aspirants challenging their rejection of selection were listed before the learned Single Judge and they have tagged to Writ Appeals and listed before the Division Bench.
2. The common issue that arises for consideration before the Division Bench is the effect of involvement of an aspirant in a criminal case for the post of Grade-II Police Constable with regard to his selection and appointment. 7 Writ Petitions relate to the selection of
Acquittal on benefit of doubt or hostile witnesses does not entitle automatic police appointment; authority assesses suitability on antecedents.
A candidate's non-involvement in a criminal case, confirmed by removal from the FIR, allows for consideration in the current recruitment process despite prior allegations.
Suppression of material information in employment forms can justify cancellation of candidature, and subsequent acquittal may not warrant consideration for selection/appointment, especially in cases ....
Mere acquittal does not automatically entitle appointment in disciplined force; Screening Committee must judiciously assess trial findings, not mechanically reject on FIR gravity or hostile witnesses....
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