A. REEGAN Vs. THE DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) CHALLENGE in this Writ Petition is to the order, dated 27.11.2009, whereby and whereunder, the claim of the petitioner for selection and appointment to the post of Grade II Constable was rejected and for a direction to the respondents to appoint the petitioner as Grade II Police Constable.

(2.) THE case of the petitioner is that the second respondent made advertisement, inviting applications to the post of Grade II Police Constable. The petitioner applied for the same and wrote the written examination, on 24.12.2008 and attended physical efficiency test, on 07.10.2008. Though the petitioner came out successful in both the tests, he was not selected. The first respondent, by the impugned order, dated 27.11.2009, rejected the claim of the petitioner on the ground that he was involved in a Criminal Case in Crime No. 589 of 2007, on the file of the Inspector of Police, Thanjavur South Police Station, Thanjavur, registered under Sections 294(b) and 323 of the Indian Penal Code.

(3.) THE learned Government Advocate appearing for the respondents, on the other hand, submits that the petitioner was involved in a Criminal Case in Crime No. 589 of 2007, on the file of the Inspector of Police, Thanjavur South Police Station, Thanjavur, registered under Sections 294(b) and 323 of the Indian Penal Code. In the said Criminal Case, the petitioner was acquitted by the learned Judicial Magistrate No. I, Thanjavur, by Judgment dated 07.07.2008 made in C.C. No. 6 of 2008, not on merits, but giving benefit of doubt. In the year 2007, the petitioner took part in the selection process to the post of Grade II Police Constable and during the police verification, the antecedents of the petitioner 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. Thus, the claim of the petitioner was rightly rejected by the first respondent, which does not warrant any interference at the hands of this Court.