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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.SWAMINATHAN, R.POORNIMA
Director General of Police State of Tamil Nadu – Appellant
Versus
G.Vignesh – Respondent
| Table of Content |
|---|
| 1. candidate's criminal cases and suppression in application. (Para 2 , 7 , 8) |
| 2. arguments on guidelines and precedents. (Para 3 , 4 , 5) |
| 3. rule 14(b) disqualifies benefit-of-doubt acquittals. (Para 9 , 10 , 11 , 12) |
| 4. appeal allowed; single judge order set aside. (Para 13 , 15) |
JUDGMENT :
R.POORNIMA, J.
This Writ Appeal is preferred against the order passed in W.P.(MD)No.13097 of 2022, dated 26.08.2022 and prayed to set aside the same.
2. The case of the petitioner is that the petitioner applied for the post of Grade-II Police Constable (Armed Reserve, Tamil Nadu Special Force) Jail Warden and Firemen in the Tamil Nadu Uniformed Services Recruitment for the year 2020. He passed the written examination and other examination. During verification of his previous antecedent, it was found that he was involved in 2 crime numbers. 1) Crime No.996 of 2017 dated 17.07.2017 lodged in which the petitioner has was arrayed as A3 for the offences under Sections 294(b), 323, 324, 506(ii) IPC on the file of Woraiyur Police Station, Trichy and 2) Crime No.787 of 2015 was also registered against him for the offence under Sections 294(b), 323 IPC on 21.12.2015 in which the petitioner was
Acquittal on benefit of doubt or hostile witnesses does not entitle automatic police appointment; authority assesses suitability on antecedents.
Acquittal, regardless of being with benefit of doubt, does not disqualify candidates from employment; youthful indiscretions should not hinder future opportunities.
Mere acquittal in criminal case does not entitle an employee to reinstatement in service – Acquittal has to be honourable.
Character verification for public service must consider the nature of past allegations and acquittals, rejecting mechanical disqualification based solely on prior criminal cases.
An acquittal in a criminal case does not grant automatic eligibility for appointment to sensitive positions, as suitability must be assessed based on all antecedents.
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