S. MURUGAN Vs. DIRECTOR GENERAL OF POLICE, CHENNAI

JUDGEMENT

(1.) Both the writ petitions have been filed challenging the order dtd. 9/10/2017, thereby rejected the candidature of the petitioners to the post of Grade II Police Constable.

(2.) Both the petitioners are brothers. They had applied for the post of Grade II Police Constable for the year 2017. They had qualified in the written examination and they were selected for physical and medical fitness. Thereafter they were provisionally selected. However, on verification of certificate and conduct verification, it was found that the petitioners were involved in criminal case in Crime No.184 of 2014 registered for the offences under Ss. 294(b), 452, 323, 506(i) of IPC r/w Sec. 4 of Tamil Nadu Prevention of Women Harassment Act. They were acquitted by the learned Judicial Magistrate No.II, Panruti, in C.C.No.24 of 2016 by an order dtd. 24/5/2016, on the ground that the defacto complainant turned hostile. Therefore, as per the circular issued by the first respondent their candidature were rejected.

(3.) The learned Senior Counsel appearing for the petitioners submitted that the petitioners categorically mentioned about the criminal case in their applications. The complaint was lodged by his own cousin of the petitioners due to the dispute between two ladies, in which the petitioners being brothers of the same family, they were falsely implicated as accused. Subsequently, though the Investigating Officer completed investigation and filed final report, the defacto complainant himself categorically deposed that no occurrence was taken place and false case has been foisted as against the petitioners. Therefore, they were acquitted by an order dtd. 24/5/2016. In fact, their acquittal was also declared as honourable acquittal in Crl.O.P.No.70 of 2019 by an order dtd. 3/1/2019, by this Court. Even then, without considering the same the candidature of the petitioners were mechanically rejected by the third respondent. In support of his contention he relied upon the following judgments:-