V GURUNATHAN Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) THE prayer in O. A. No. 5666 of 1998 is for issuance of a mandamus, directing the respondents to include the name of the petitioner in the Special selection List for the year 1996 of Graduate Police Constables and Head constables fit for appointment as Sub-Inspectors and to depute him for training as Sub-Inspector.

(2.) BRIEF facts stated in the affidavit are as follows:

(3.) A counter affidavit has been filed by the respondents, wherein, the Department states that on the relevant date of selection, the petitioner was not exonerated of the charges and therefore, he has not applied for the test for departmental candidates for appointment as Sub-Inspector under 20% quota under the direct recruitment. In the counter affidavit, it is admitted that the departmental proceeding was dropped and he was given all service benefits, treating the suspension period as duty period with all monetary benefits. In paragraph 8 of the counter affidavit, it is stated that simply because the petitioner was exonerated of the charge, he cannot have automatic entitlement for his inclusion in the selection list without actually participating in the test prescribed for proving his suitability along with other candidates who were similarly placed.