M MAREESWARAN Vs. DIRECTOR GENERAL OF POLICE, SUPERINTENDENT OF POLICE AND COMMANDANT, TAMIL NADU SPECIAL POLICE

JUDGEMENT

(1.) The Petitioner was an aspirant for the post of Police Constable Grade II for the recruitment made in the year 2003-2004. He was successful up to the written test and thereafter his antecedents and character sought to be verified by the department. On such enquiry it was found that the Petitioner was involved in crime number 167 of 2002 in the Kamuthi Police Station and charged under Section 302 IPC as the first accused. The said case was tried by the Additional Sessions Fast Track Court, Ramanathapuram in S.C. No. 120 of 2003 and the Petitioner was acquitted on 24.12.2003. Therefore, the Petitioner was informed that as per Rule 14(b) of the Tamil Nadu Special Police Subordinate Service Rules his conduct and character were not satisfactory and he would not be eligible to grant the appointment. Even without reference to this order, the Petitioner was sent for basic training by order dated 14.02.2009. The Petitioner has come forward to challenge the order by which he was stated to be disqualified from entering into service.

(2.) The contention of the Petitioner was that since the Petitioner was already joined the service and the same cannot be cancelled without notice and that under Rule 14(b) of the Tamil Nadu Special Police Subordinate Service Rules in explanation 2 it is stated that a person who was acquitted of the charges honorably is eligible for the next selection but not the current one lack rationale behind it.

(3.) Even these issues have been gone into by this Court as well as by the Hon'ble Apex Court. The validity of the Rule under challenge in this writ petition was upheld by this Court in Ganesan and Anr. v. State of Tamil Nadu, rep. by its Secretary to Government, Home Department and Ors., wherein this Court in paragraphs 15 to 23 has held as follows: