A ESAKKIMUTHU Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner passed S.S.L.C.Examination during the year 1996. He discontinued his Higher Secondary Course in the year 1998 due to the poor economic condition of his family. He belongs to Scheduled Caste community. After, he discontinued his studies, he worked in private shops. He made an application before the Uniformed Services Recruitment Board for selection to the post of Police Constable Grade-II. He was called for physical fitness test on 2.7.2000. Accordingly, he appeared for the Test and found fit and he was successful in the same. THEreafter, he was asked to attend the written test on 02.08.2000. He appeared in the written test and was declared pass in the written examination. He was called to attend the interview on 11.2.2000. THE results of the candidates selected in the interview was published in the newspaper on 20.09.2001. THE petitioner was one of the successful candidates. THEreafter, the petitioner received a letter directing him to attend the medical fitness test. He attended the medical fitness test on 29.09.2001 and on 23.10.2001. THE petitioner was asked to fill up a verification Roll furnished by the respondents. He filled up the verification Roll and submitted to the authorities on 31.10.2001. While the selected candidates called to attend training, the petitioner did not receive any intimation about the training. He made a detailed representation on 28.02.2002 requesting to appoint him as Police Constable Grade II and send him for training. While so, the petitioner was issued with the impugned order dated 12.03.2002, passed by the third respondent, stating that the petitioner gave a false information in Column No.15 of the Verification Roll and he suppressed the fact of pendency of F.I.R. in Crime No.118/2001 on the file of Setthoor Police station, under Section 147, 148 and 427 I.P.C. It is stated that the name of the petitioner was removed from the F.I.R. later. Hence, his application for appointment was rejected to the post of Police Constable- Grade-II. THEreafter, he filed O.A.No.2257 of 2002 before the Tamil Nadu State Administrative Tribunal, to quash the above said order dated 12.03.2002 of the third respondent and for a consequential direction to the third respondent to give appointment to the petitioner for the post of Police Constable (Grade II) with effect from the date on which his batchmates came to be appointed with all consequential service and monetary benefits, and continuity of service.

(2.) WHILE admitting the Original Application, the Tamil Nadu State Administrative Tribunal, directed the third respondent to send the petitioner for training.

(3.) HEARD both sides.