A single judge dismissed a writ petition challenging the rejection of an applicant for a police constable post due to non-disclosure of criminal antecedents. The High Court allowed the appeal, holding the order was sustainable.
The writ appeal was dismissed and the prior order refusing to quash the rejection order was upheld.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.01.2021
CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.A.No.963 of 2020
B.Santhosh ...Appellant
Vs.
1. The Tamilnadu Uniformed Services Recruitment Board,
rep. by its Member Secretary,
Old Commissioner of Police Office Campus,
Pantheon Road, Egmore,
Chennai – 600 008.
2. The Director General of Police,
Dr.Radhakrishnan Salai,
Mylapore, Chennai – 600 004.
3. The Superintendent of Police,
District Police Office,
Cuddalore. ...Respondents
Prayer: Appeal filed under Clause 15 of the Letters Patent against the order dated 7.8.2020 made in W.P.No.10368 of 2020.
WP No.10368 of 2020:- Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorarified mandamus, calling for the records on the file of the 3rd respondent in this proceedings in C.No.A4/14450/2019, dated 9/3/2020 and quash the same and direct the respondents to appoint the petitioner to the post of Grade II, Police Constable, TSP for the year 2019.
For Appellant : Mr.P.M.Gopalakrishnan
For Respondents
: Mr.V.Jayaprakash Narayanan State Government Pleader
JUDGMENT
(Delivered by SENTHILKUMAR RAMAMOORTHY,J.)
We heard learned counsel for the appellant.
In the result, this writ appeal stands dismissed. No costs.
Sd/Assistant Registrar(CS VII)
//True Copy//
Sub Assistant Registrar
sasi
To
2 issues framed by the court
Whether an order rejecting an application for police constable post on grounds of non-disclosure of criminal antecedents despite acquittal can be interfered with under writ jurisdiction.
Whether the expanded mandate of Rule 14(b) of Tamil Nadu Special Police Subordinate Service Rules disqualifies aperson acquitted on benefit of doubt who failed to disclose criminal antecedents.
Colour shows how this judgement treated each authority
Manikandan and others v. The Chairman, Tamil Nadu Uniformed Services Recruitment BoardFollowed¶4
Manikandan and others v. The Chairman, Tamil Nadu Uniformed Services Recruitment Board, Chennai, 2008 (2) CTC 97
B.Santhosh
Tamilnadu Uniformed Services Recruitment Board
Director General of Police
Superintendent of Police
Sanjib Banerjee
Senthilkumar Ramamoorthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
