K SUBBIAH Vs. STATE BY DEPUTY SUPERINTENDENT

JUDGEMENT

(1.) THE Government of Tamilnadu have ordered for recruitment of 1000 Sub-Inspectors of Police (Men and Women) by direct recruitment vide their order in G.O. Ms. No. 1317, Home (Police III) Department, dated 8.9.1997. A total number of 27,304 applications for men candidates and 4,339 applications for women candidates, for Sub-Inspectors, were received. On scrutiny of applications, 26,012 applications for men candidates and 4,167 applications for women candidates, were found to be valid. 1,292 applications for men candidates and 172 applications for women candidates were found to be invalid. The eligible applicants were called for physical efficiency test. 8,628 men candidates and 830 women candidates cleared the physical efficiency test. After the physical efficiency test, 1,710 men candidates and 445 women candidates cleared the written test. From various process of selection viz., physical measurement, physical efficiency and written test,

(2.) ,546 comprising of 1,710 men candidates and 445 women candidates from an open competition and 379 men and 12 women candidates from 20% department quota became eligible for the interview and were called in batches during November 1998 and December 1998 at the Police Training College, Chennai - 600 83 by two Committees formed by the Government, as per D.O. Ltr. No. 218/SECY/98, dated 21.11.1998. The Government appointed two Committees consisting of one Chairman and four Members in each Committee. The first Committee was represented by one Mr. V. Jagannathan, I.P.S. as Chairman and assisted by four other I.P.S. Officers as Members. The second Committee was headed by the petitioner-Mr. K. Subbiah, I.P.S. as Chairman and assisted by four other I.P.S. Officers as Members. Each Board was to interview 80 candidates per day. The candidates to be interviewed on each day by the particular Board would be allotted by the Tamil Nadu Uniformed Service Recruitment Board at random. 10 marks were allocated for viva-voce, 3 marks for special achievements and 2 marks for special achievements in Sports and Games and NCC and NSS. 2. It is reported that on receipt of information of the commission of irregularities and malpractices by the Tamil Nadu Uniformed Service Recruitment Board in the above recruitment of Sub-Inspectors of Police, a preliminary enquiry was conducted, resulting in registration of Regular Case in Cr. No. 1/AC/2002/CC2 of V and AC for the offence punishable under Section 120-B read with 465,468 read with 471,167 of IPC and Section 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988 and under Sectionl09 of IPC, dated 28.2.2002 against the petitioner and three others. Thiru. N. Elangovan, I.P.S. (Retired), A-3, formerly Deputy Inspector General of Police and Member Secretary of TNUSRB, Thiru. V. Jagannathan, I.P.S., formerly Inspector General of Police and the Chairman, Interview Committee No. I and the petitioner-Thiru. K. Subbiah I.P.S., formerly Inspector General of Police and Chairman of Interview Committee No. II and Thiru. T.M. Rajendran, I.P.S., (Retired) formerly Personal Assistant in TNUSRB were charged for conspiring to frame incorrect records, making false entries in the Interview Assessment Sheets, by manipulating marks, for selecting certain ineligible candidates. The sum and substance of the allegation is that the interview assessment sheets were tampered with and also some candidates were benefited by being selected under sports quota, which was found to be untrue.

(3.) THIRU . V. Chandra Kishore, I.P.S., cited as L.W.1. would state that "during a meeting held on 9.9.1998 at the Chamber of Secretary to Government, Home Department, it was resolved that Thiru. N. Elangovan, I.P.S., Member Secretary of Tamil Nadu Uniformed Service Recruitment Board would attend the matter connected to the exercise recruitment and he was entrusted with the work of P.C's recruitment". He would also state that he had handed over all the records on 22.9.1998. He would further state that Thiru. N. Elangovan, I.P.S. fully maintained the selection process, till the release of the final list and that he was in custody of interview assessment sheets. Thiru. N. Elangovan, I.P.S. had completed the selection before 3.2.1999. The said Thiru. N. Elangovan, who was A-3 in the above case has already been discharged by the trial Court. He was the custodian of all the records pertaining to the interview that took place for the candidates for the post of Sub-Inspectors.