DIRECTOR GENERAL OF POLICE Vs. J VIJAYAKUMAR

JUDGEMENT

(1.) The Writ Appeal is directed against the Order of the learned Single Judge dated 25.4.2012 made in W.P. (MD) No. 4258 of 2011, allowing the Writ Petition filed by the Respondent herein seeking appointment to the post of Bandman Constable, for the recruitment year 2007. The learned Single Judge, taking note of the Judgment dated 18.10.2002 made in S.C. No. 68 of 2002 passed by the learned Additional Sessions Judge, [Fast Track Court No. I], Madurai, acquitting the Respondent giving benefit of doubt, allowed the said Writ Petition, quashing the Order of the Appellant dated 9.12.2009.

(2.) The learned Additional Government Pleader appearing for the Appellant contended that the Respondent was involved in a Criminal Case in Crime No. 1337 of 1996, on the file of the Inspector of Police, B-10, Thilagar Thidal Police Station, Madurai, registered under Sections 147 & 148 of the Indian Penal Code r/w 3(1) of the Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992. In the said Criminal case, the Respondent was acquitted by the learned Additional Sessions Judge, by Judgment dated 18.10.2002 made in S.C. No. 68 of 2002, not on merits, but giving benefit of doubt. In the year 2007, the Respondent took part in the selection process to the post of Bandman Constable and during the Police Verification, the antecedents of the Respondent, viz., involvement in the said Criminal case and his acquittal not on merits, but giving benefit of doubt were noticed and based on the same, his candidature was rejected.

(3.) The contention of the learned Counsel appearing for the Respondent is that the acquittal of the Respondent, giving benefit of doubt was challenged by him by filing Crl. R.C. (MD) No. 289 of 2010. The learned Single Judge, by Order dated 21.4.2010, allowed the said Criminal Revision Case and expunged the remarks of acquittal passed giving benefit of doubt and ordered that the acquittal of the Respondent shall be read as "honourable acquittal".