IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 03.12.2025

CORAM

THE HON'BLE Mr. JUSTICE M.DHANDAPANI

R.Suresh ... Petitioner

Vs.

1.Tamil Nadu Uniformed Services Recruitment Board,

Rep. By its Member-Secretary,

Pantheon Road, Egmore,

Chennai – 600 008.

2.The Director General of Police,

Mylapore, Chennai – 600 004.

3.The Superintendent of Police,

Dharmapuri District, Dharmapuri – 5. ... Respondents

Prayer:

Writ Petition filed under Article 226 of the Constitution of India

praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned Order passed by the third respondent in his proceedings Na.Ka.No:A3/23722/2021 dated 06.01.2022 and in C.No:A3/006111/2023 dated 08.06.2023, quash the same as unsustainable in law and issue consequential directions to the respondents herein to appoint the petitioner (bearing Registration No’s

1201544 and 2308049 of the Common Recruitment of the year 2020 and

2022 respectively) as Grade II Police Constable. For Petitioner : Mr.R.Thamaraiselvan For Respondents 1 to 3 : Mr.R.U.Dinesh Raj Kumar, Additional Government Pleader

ORDER

The relief sought in this writ petition is to call for the records relating to the impugned Order passed by the third respondent in his proceedings Na.Ka.No:A3/23722/2021 dated 06.01.2022 and in C.No:A3/006111/2023 dated 08.06.2023, quash the same as unsustainable in law and issue consequential directions to the respondents herein to appoint the petitioner (bearing Registration No’s 1201544 and 2308049 of the Common Recruitment of the year 2020 and

2022 respectively) as Grade II Police Constable.

2. The case of the petitioner is that the petitioner joined the Indian Army as a Sepoy on 17.07.2003 and relieved in August 2019. Pursuant to the notification issued by the first respondent in the year 2020, the petitioner has applied for the post of Grade-II Police Constable, Jail Warden & Firemen and also cleared all the examinations. But, his candidature was rejected by the third respondent vide proceedings dated 06.01.2022 on the ground that the petitioner has suppressed the criminal case registered against him under Section 323 & 324 of I.P.C by Papparapatti Police Station. Once again, the first respondent issued another Notification on 30.06.2022 for the very same post and again the petitioner has applied for the said posts and came out successful in all the examinations. But, this time, the petitioner has mentioned the facts of criminal case and his honourable acquittal from the said case. Under these circumstances, the third respondent vide proceedings dated 08.06.2023, again rejected the petitioner’s candidature on the ground that while conducting police verification, it was found that the petitioner was concerned in Papparapati Police Station in Crime Number:44/2009, dated 26.01.2009 and the case ended in acquittal. Hence, his appointment is not feasible for consideration for the post of Grade-II Police Constable in the Uniformed Service. Challenging the aforesaid proceedings dated 06.01.2022 and 08.06.2023, the petitioner has come forward with the present writ petition.

3. Learned counsel for the petitioner would further submit that the issue arises in this writ petition is no longer res-integra and the same was decided by the Hon’ble Apex Court as well as this Court in catena of judgments and the same reads as follows:

(i) Avtar Singh Vs. Union of India, reported in (2016) 8 SCC 471 (ii) Commissioner of Police and others Vs. Sandeep Kumar, reported in (2011) 4 SCC 644 (iii) Vikas Kumar Vs. State of Rajasthan, reported in 2025 SCC online 396 (iv) Division Bench of this Court in W.A.Nos.938 of 2021 and etc., batch, dated 05.06.2023.

All the above decisions held that in case, there is a suppression or false information of involvement in a criminal case where conviction or acquittal had already been recorded before filing the application/verification form and such fact later comes to the knowledge of employer, any of the recourses formulated therein appropria