A.PRAVEEN KUMAR Vs. CHAIRMAN

JUDGEMENT

(1.) Petitioner has come up with this Writ Petition, challenging the order passed by the 3rd respondent in C.No.A2/10200/2019 dated 23.03.2020, by which the candidature of the petitioner for the recruitment of Grade II Police Constable for the year 2019 was not considered for appointment. The Petitioner also sought for a direction to the 1st respondent to appoint him as Grade-II Police Constable and send him for training.

(2.) According to the petitioner, he was falsely implicated by the 5th respondent as A1 in respect of Crime No.170 of 2016 for offences under Sections 294(b), 323, 324 and 506(ii) IPC, which culminated into a Charge Sheet in C.C.No.32 of 2017 on the file of the learned Judicial Magistrate No.1, Villupuram. It is the case of the petitioner that though the complainant came forward with an application for compromise, the same was not accepted by the Magistrate on the ground that offences are non compoundable. Subsequently, the petitioner, after acquittal from the aforesaid case, applied for the post of Grade II Constable and in the application, the petitioner omitted to mention about C.C.No.32 of 2017 that ended in acquittal. During Police verification, the petitioner disclosed the factum of criminal case and handed over a copy of the acquittal order. It is the further case of the petitioner that to the shock and surprise, the 3rd respondent passed the impugned order, refusing to consider the petitioner for appointment to the post of Grade II Police Constable.

(3.) Learned counsel for the petitioner submitted that the 3rd respondent relied on Rule 14(2) in Sub-Rule (b)(iv) and Explanation (1) and (2) of the Special Rules for Tamil Nadu Special Police Subordinate Service Rules, 1978 and the said provision is not at all applicable to the case of the petitioner, as the petitioner was not acquitted from the criminal charges on technical grounds and it was an honorable acquittal. Hence, he prayed for quashment of the impugned order.