W.A.(MD)No.997 of 2020

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Dated : 23.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN

AND

THE HONOURABLE MR.JUSTICE B.PUGALENDHI

W.A.(MD)No.997 of 2020

and

C.M.P.(MD)No.5403 of 2020

against WP(MD)No.14381 of 2019

1.The Member Secretary,

Tamil Nadu Uniformed Services Recruitment Board,

Chennai.

2.The Chairman,

Tamil Nadu Uniformed Services Recruitment Board,

Ramanathapuram Range, Ramanathapuram District.

3.The Additional Director General of Police – cum –

Inspector General of Prisons,

Whannels Road,

Egmore, Chennai – 600 008.

: Appellants/Respondents

Vs.

P.Muthurasu

: Respondent/Petitioner

PRAYER: Appeal filed under Clause 15 of the Letters Patent

challenging the order dated 03.12.2019, made in W.P.(MD)No.14381 of

2019.

Prayer in WP(MD). 14381 of 2019 :

Writ Petition filed under Article 226 of the Constitution of

India, praying this Court to issue a Writ of Certiorarified

Mandamus, to call for the records relating to the order made in

No.3583/EW.1/2017-22 dated 17.11.2017 on the file of the 3rd

respondent and to quash the same and direct the respondents to

appoint the petitioner as Grade II Police Constable (Men)/ Grade II

Jail Warder (Men)/ Firemen for the year 2017 in the Common

Recruitment for the post of Grade II Police Constables ( Men, Women

& / Third Gender)/ Grade II Jail Warders (Men & Women) and Firemen

for the year 2017.

For Appellants

: Mr.Muthugeethaiyan,

Special Government Pleader

For Respondent

: Mr.V.Kannan

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W.A.(MD)No.997 of 2020

JUDGMENT

(Judgment of the Court was delivered by B.PUGALENDHI, J.)

This writ appeal is filed by the appellants / Department

challenging the order dated 03.12.2019, passed in W.P.(MD)No.14381

of 2019, in and by which, the learned Single Judge directed the

third appellant to appoint the respondent / writ petitioner as Grade

II Jail Warden.

2. The facts of the case is that the respondent / petitioner

applied for the posts of Grade II Police Constables / Grade II Jail

Warden and Firemen for the year 2017 and completed all the tests

successfully and was also provisionally selected for the post of

Grade II Jail Warden. On police verification, the respondent was

found to have been involved in a criminal case in Crime No.127 of

2017, on the file of the Palamedu Police Station, Madurai, for the

offence under Section 366 IPC. Therefore, the third appellant has

passed an order rejecting the candidature of the respondent that he

suppressed the pendency of the criminal case foisted against him.

Aggrieved, the respondent has filed the writ petition in W.P.(MD)

No.14381 of 2019 and the Writ Court held in his favour. As against

the same, the present appeal came to be filed.

3. The learned Special Government Pleader appearing for the

appellants / Department would submit that the respondent /

petitioner has suppressed the pendency of the criminal case as

against him, in the police verification roll. He would further

submit that in view of the Government Order in G.O.Ms.No.1410, Home

(Pri-II) Department, dated 17.10.2018, if the respondent /

petitioner’s involvement in a criminal case is deducted during the

police verification, the same could be taken as a disqualification.

4. The learned Special Government Pleader has relied upon Rule

6(f) of the aforesaid government order, which reads as follows:

“f) A person has not involved in any criminal case

before Police Verification.

Explanation-1: A person who is acquitted or discharged

on benefit of doubt or due to the fact that the complainant

turned hostile, shall be treated as a person involved in a

criminal case.

Explanation-2: A person involved in a criminal case at

the time of police verification and the case yet to be

disposed of and subsequently ended in honourable acquittal

or treated as mistake of