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.

ORDER :

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the 2nd respondent dated 11.01.2022 vide in C. No. A4/777/2020 and quash the same and consequently direct the 2nd respondent to appoint me as Grade II Police Constable forthwith based on the selection of 3rd respondent.

1. This writ petition has been filed challenging the impugned order passed by the 2nd respondent in C. No. A4/777/2020 dated 11.01.2022 and for a consequential direction to the 2nd respondent to appoint the petitioner as Grade-II Police Constable.

2. When the matter came up for hearing on 06.08.2024, this Court passed the following order:

This writ petition has been filed challenging the impugned proceedings of the 2nd respondent dated 11.01.2022, rejecting the candidature of the petitioner to the post of Grade II Police constable and for a consequential direction to the 2nd respondent to appoint the petitioner in that post.

2. The case of the petitioner is that the 3rd respondent issued a notification on 17.09.2020 calling for applications from eligible candidates for common recruitment to the post of Grade II police constable. The petitioner applied for the said post on 22.10.2020.On receipt of the same, hall ticket was issued to the petitioner and the petitioner appeared for the examination on 13.12.2020. The petitioner passed the examination and a call letter dated 29.07.2021 was issued and the petitioner was informed that he has been provisionally selected as Grade II police constable.

3. The petitioner received the impugned proceedings of the 2nd respondent dated 11.01.2022 informing the petitioner that a criminal case is pending against him in Crime No. 727 of 2021 and therefore, the petitioner is not found eligible for recruitment to the post of Grade II Police Constable.

4. The learned counsel for the petitioner submitted that the petitioner did not suppress any material facts and this FIR itself came to be registered for an occurrence that is alleged to have taken place on 10.08.2021. The learned counsel for the petitioner further brought to the notice of this Court the order passed in Crl. O.P. No. 18135 of 2022 dated 05.01.2024 wherein the quash petition filed by the petitioner to quash the FIR was disposed of by recording the fact that the name of the petitioner has been removed from the FIR. In the light of this development, the petitioner also gave a representation dated 21.05.2024 to the respondents to consider his appointment to the post of Grade II Police Constable.

5. Mr. M. Bindran, learned Additional Government Pleader appearing on behalf of respondents 1 and 2 and Mrs. Sowmi Dattan, learned counsel appearing on behalf of 3rd respondent seeks for some time to take instructions.

6. Post this case under the caption “for orders” on 23.08.2024. The Registry is directed to print the name learned counsel appearing for respondents 1 and 2 and for 3rd respondent in the cause-list.

3. When the matter was taken up for hearing today, Mr. P. Kumaresan, learned Additional Advocate General appearing on behalf of the respondents 1 and 2 submitted that the impugned order dated 11.01.2022 makes reference to three documents. The first is a Memo dated 02.12.2021, which stipulates that once the list of eligible candidate is prepared, the police verification has to be made. Accordingly, the petitioner who was also provisionally selected and whose name was found in the provisional selection list, was also subjected to police verification. The second document that has been referred is the report of the Inspector of Police, dated 20.12.2021, which informed that the petitioner is also an accused in Crime No. 727 of 2021. The third document which is the report of the Inspector of Police, Special Branch, dated 22.12.2021, confirmed the report of the Inspector of Police, Virudhachalam Circle. Thus, it was found that the criminal cas