DIRECTOR GENERAL OF POLICE, CHENNAI Vs. EPHTHA

JUDGEMENT

(1.) This appeal is preferred by the appellants, challenging the order of the Writ Court dated 2.2.2011, made in W.P. (MD) No. 1370 of 2009, allowing the writ petition of the respondent/writ petitioner and set aside the order passed by the first appellant herein dated 29.5.2008. Mr. T.S. Mohammed Mohideen, learned Additional Government Pleader would contend that the respondent/writ petitioner faced a criminal trial and as such he cannot be included in the police force as per Rule 14(b) of Tamil Nadu Police Subordinate Service Rules.

(2.) Per contra, the learned counsel for the respondent would contend that the respondent was a juvenile at the time when he was implicated in the criminal case and he was acquitted in the criminal case as per the judgment dated 13.7.2005 in Juvenile Case No. 4 of 2005 passed by the Principal Judicial Magistrate, Juvenile Justice Board, Tirunelveli. It is further contended that the said acquittal order was passed even prior to the submission of the application for the post of Grade II Police Constable.

(3.) We have carefully considered the submissions made on both sides and perused the entire materials available on record, including the impugned order passed by the Writ Court.