C. SOMASUNDARAM Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) The present writ appeal is against the order dated 03.09.2009 made in the Writ Petition in W.P(MD).No.6034 of 2008, rejecting the appellant's prayer for a declaration that Rule 14(b)(iv) of the Tamil Nadu Special Police Subordinate Service Rules in Explanation (2) is null and void and ultra vires the Constitution to the extent to which it states that a person involved in a criminal case at the time of police verification subsequently ended in 'honourable acquittal' or treated as 'mistake of fact', shall be treated as not involved in a criminal case and the petitioner can claim right for appointment only by participating in the next recruitment. The petitioner seeks thereby the consequential relief to direct the first respondent to appoint the petitioner as a Sub-Inspector of Police.

(2.) A perusal of the order of the learned single Judge shows that applying the decision of this Court in W.P.Nos.199 of 2008 etc., dated 28.11.2008, wherein a similar prayer was rejected, this Court, by an order dated, 03.09.2009, dismissed the Writ Petition in W.P(MD).No.6034 of 2008. As against the dismissal order, the present writ appeal has been filed before this Court.

(3.) The appellant herein applied for the selection to the post of Sub-Inspector of Police in the Tamil Nadu Police Department in the year 2006. The appellant was stated to have disclosed the pendency of the criminal case in Crime No.128 of 2003, wherein he was implicated as the fourth accused. Ultimately, the said case resulted in a judgment, dated 10.09.2003, acquitting the appellant herein giving him the 'benefit of doubt'. As against the judgment in C.C.No.212 of 2003, the appellant herein preferred a criminal revision in Crl.R.C.No.289 of 2008, wherein this Court, by an order dated 28.02.2008, modified the judgment of the court below from the 'benefit of doubt' to the one of 'honourable acquittal'.