At, High Court of Judicature at Madras
By, THE HONOURABLE CHIEF JUSTICE MR. SANJIB BANERJEE & THE HONOURABLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY
For the Appellant: P.M. Gopalakrishnan, Advocate. For the Respondents: V. Jayaprakash Narayanan, State Government Pleader.
(Prayer: Appeal filed under Clause 15 of the Letters Patent against the order dated 7.8.2020 made in W.P.No.10368 of 2020.)Senthilkumar Ramamoorthy, J.1. We heard learned counsel for the appellant.2. This intra-court appeal challenges the order dated 7.8.2020, whereby this Court refused to quash the impugned order in the writ petition dated 9.3.2020.3. The appellant challenged the aforesaid order dated 9.3.2020, whereby his application to the post of Grade II Police Constable (TSP) for the year 2019 was rejected on the ground of non disclosure of criminal cases that have been prosecuted against the appellant. The main contention of the appellant is that those criminal cases resulted in the acquittal of the appellant on the ground that the witnesses for the prosecution turned hostile.4. The learned Judge took note of the fact that the three criminal cases related to offences under the Indian Penal Code and that the acquittal of the appellant was not because it was found that the appellant had not committed the offences in question, but on the ground that the prosecution witnesses turned hostile. The learned Judge also took note of a Full Bench judgment of this Court in Manikandan and others v. The Chairman, Tamil Nadu Uniformed Services Recruitment Board, Chennai, 2008 (2) CTC 97, wherein the scope of Rule 14(b) of the Tamil Nadu Special Police Subordinate Service Rules, 1978 was considered and it was held that even a person who is acquitted on benefit of doubt in a criminal case could be disqualified for selection to the police service if he failed to disclose the criminal antecedents in his application form.5. We find that the appellant has not made out any case to interfere with the impugned order, wherein all the contentions of the appellant were duly considered and the writ petition was dismissed by follow
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ing the principle laid down by the Hon'ble Full Bench in the judgment cited supra. Accordingly, we are not inclined to entertain this writ appeal.In the result, this writ appeal stands dismissed. No costs.