The Madurai Bench of Madras High Court dismissed a writ petition filed by a successful police recruit challenging his disqualification due to conviction in multiple criminal cases involving fine payments.
No costs. Petitioner remains disqualified. Connected miscellaneous petition closed.
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.
1 W.P.(MD)NO.12229 OF 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 01.11.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P.(MD)No.12229 of 2022 and W.M.P.(MD)No.8692 of 2022
R.Ajithkumar,
Reg.No.2502833. ... Petitioner
Vs.
Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the order passed by the 2nd respondent dated 02.02.2022 in Na.Ka.No.A3/33792/2021 and quash the same and further direct the 1st and 2nd respondent to issue appointment order to the petitioner.
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For Petitioner : Mr.A.Arul Jenifer
For Respondents: Mr.Veera Kathiravan, Additional Advocate General, assisted by, Mr.A.K.Manikkam, Special Government Pleader. * * *
O R D E R
Heard the learned counsel appearing for the writ petitioner and the learned Additional Advocate General assisted by the learned Special Government Pleader appearing for the respondents.
2.The writ petitioner applied in response to the recruitment notification issued by the Tamil Nadu Uniformed Service Recruitment Board on 17.09.2020 calling for applications for the post of Police Constable Grade-II, Jail Warden Grade-II and Fireman. The petitioner was successful at all stages. However, the impugned memorandum dated 02.02.2022 was issued disqualifying the petitioner on the ground that he involved in criminal cases. Challenging the said
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3 W.P.(MD)NO.12229 OF 2022
disqualification order, the present writ petition has been filed.
3. The learned Additional Advocate General contends that the petitioner was found guilty in a host of criminal cases under the Tamil Nadu Prohibition Act. The petitioner's counsel would contest the said assertion. According to him, the petitioner was involved only one case.
4. In my view, this does not make any difference. The petitioner was found guilty in criminal cases and paid fine
amounts as under:-
| S.No. | Case No. & Court | Fine Amount |
|---|---|---|
| 1. | S.T.C.No.282 of 2017 - Judicial Magistrate, Pudukkottai. |
Rs.750/- |
| 2. | S.T.C.No.376 of 2017 - Judicial Magistrate, Thanjavur. |
Rs.500/- |
| 3. | S.T.C.No.376 of 2017 - Judicial Magistrate, Thanjavur. |
Rs.500/- |
| 4. | S.T.C.No.39 of 2019 - Judicial Magistrate, Gandarvakottai. |
Rs.500/- |
| 5. | S.T.C.No.235 of 2020 - Judicial Magistrate, Gandarvakottai. |
Rs.750/- |
Therefore, the impugned order had been rightly passed. For
the reasons set out in the order dated 01.11.2022 made in W.P.(MD)No.1445 of 2022, the order impugned in this writ
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4 W.P.(MD)NO.12229 OF 2022
petition is sustained. This writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.
01.11.2022
Index : Yes / No Internet : Yes/ No
PMU
To:
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G.R.SWAMINATHAN,J.
PMU
W.P.(MD)No.12229 of 2022
01.11.2022
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2 issues framed by the court
Whether a petitioner appointed as Police Constable at all stages should be reopened due to prior conviction and payment of fines in criminal cases.
Whether the disqualification order passed by the 2nd respondent is sustainable in law.
1 provisions across 1 enactments
R. Ajithkumar
The Member Secretary, Tamil Nadu Uniform Service Recruitment Board
The Superintendent of Police, Pudukkottai District
The Inspector of Police, Gandharvakottai Police Station
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
