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E.Sivananth vs The Chairman

Madras High Court|13 June, 2017

JUDGMENT / ORDER

[Judgment of the Court by T.S.SIVAGNANAM, J.] Heard Mr.N.Subramanian, learned counsel appearing for the appellant and Mr.V.Muruganantham, learned Additional Government Pleader appearing for the respondents.
2. This writ appeal by the writ petitioner is directed against the order, dated 27.06.2012 in W.P.(MD).No.15265 of 2011, which was filed challenging the order passed by the second respondent, dated 22.03.2011, and to direct the respondents to issue appointment order and training to the appellant to the post of Grade-II Police Constable.
3. The Writ Court, after elaborately considering the entire factual matrix, by the impugned order, dated 27.06.2012, dismissed the writ petition on the ground that the appellant is involved in a criminal case and the Criminal Court ultimately acquitted the appellant on benefit of doubt and therefore, the appellant is not entitled for any relief.
4. At the time, when the writ petition was disposed of, the Writ Court did not have the benefit of the decision of the Honourable Full Bench in the case of J.Alex Ponseelan vs. the Director General of Police, Tamil Nadu, Chennai, in W.P.(MD)s.8345 of 2011 etc., batch, since it was rendered subsequently. The said decision holds the field as on date and wherein it has been categorically held that involvement in a criminal case is disqualification for being considered for appointment to the Tamil Nadu Uniformed Services and even if the acquittal is not an honourable acquittal, it would also be a disqualification for the applicant to be considered for the post of Grade-II Police Constable. Hence, the view taken by the Writ Court requires to be affirmed in the light of the recent decision of the Honourable Full Bench in the case of J.Alex Ponseelan (supra).
5. In the result, the writ appeal fails and it is dismissed. No costs.
To:
1.The Chairman, Tamil Nadu Uniform Services, Recruitment Board, Chennai - 600 004.
2.The Additional Director General of Police, Director General of Prison, Office of the Director General of Police, Beach Road, Chennai - 600 004..
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Title

E.Sivananth vs The Chairman

Court

Madras High Court

JudgmentDate
13 June, 2017