S PRABAHARAN Vs. THALAVAI COMMANDANT TAMIL NADU SPECIAL

JUDGEMENT

(1.) THE petitioner has sought for a writ of Certiorarified Mandamus to quash Group Order No.259 of 2008, dated 28.05.2008 and consequently, direct the respondent to reinstate the petitioner with all attendant benefits.

(2.) SHORT facts leading to the Writ Petition are as follows: The petitioner was appointed as Constable on 29.01.2008 through direct recruitment and thereafter, posted in police training. His registration number was 2903376. the petitioner has further submitted that a case in Cr.No.617 of 2005 was registered against him on 22.07.2005 under Sections 294(B) and 323 IPC. The alleged occurrence took place when the petitioner was doing his B.Com., Degree in K.R. Arts College at Kovilpatti. A summary trial was conducted in S.C.No.3113 of 2005 and the learned Judicial magistrate No.2, Kovilpatti, by his order dated 31.08.2005, released the petitioner under Section 3 of the probation of offenders Act, 1958. Thereafter, the petitioner was appointed as Constable in Central Industrial Security Force on 11.02.2006. As the petitioner got through in the selection for the post of Constable in Tamil Nadu Police Service, he resigned his post from the Central Industrial Security Force on 30.10.2007 and thereafter, was appointed as Constable and had been undergoing the training. The petitioner has further contended that he had disclosed the above said fact in writing before the Selection Authority in the application itself, stating that the Criminal case was pending against him. Without any show cause notice or enquiry, by impugned order, dated 28.05.2008, the appointment of the petitioner has been cancelled. Aggrieved by the same, the petitioner has preferred the Writ petition, for the relief as stated supra.

(3.) PER contra, referring to the order made under Section 3 of the Prohibition of Offenders Act, 1958, in Summary Trial Case No. 3113 of 2005, dated 31.08.2005, Learned Additional Government Pleader submitted that the petitioner had admitted the offences under Sections 294(b) and 323 IPC., and therefore, is not eligible for appointment to the post of Grade-II Police Constable in the disciplined force. He therefore submitted that there is no illegality in the order of cancellation.