w w w . L a w y e r S e r v i c e s . i n



Manikandan v/s The State of Tamil Nadu, Rep. By its Member Secretary, Tamil Nadu Uniformed Services Recruitment Board, Anna Salai & Another


Company & Directors' Information:- I SERVICES INDIA PRIVATE LIMITED [Active] CIN = U72900DL2003PTC118851

Company & Directors' Information:- S T SERVICES LTD [Active] CIN = L74140WB1989PLC047210

Company & Directors' Information:- M G F SERVICES LIMITED [Amalgamated] CIN = U65910DL1987PLC029599

Company & Directors' Information:- R S SERVICES PRIVATE LIMITED [Active] CIN = U65100DL1989PTC038061

Company & Directors' Information:- R S SERVICES PRIVATE LIMITED [Active] CIN = U74900DL1989PTC038061

Company & Directors' Information:- S J SERVICES PRIVATE LIMITED [Active] CIN = U74140DL1988PTC034427

Company & Directors' Information:- AMP E - SERVICES PRIVATE LIMITED [Active] CIN = U51909MN2013PTC008361

Company & Directors' Information:- E M SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U93090MH2001PTC131924

Company & Directors' Information:- L M J SERVICES LTD [Active] CIN = L51226WB1983PLC035807

Company & Directors' Information:- L M J SERVICES LTD [Active] CIN = L93000WB1983PLC035807

Company & Directors' Information:- G K SERVICES PRIVATE LIMITED [Active] CIN = U65990MH1994PTC078529

Company & Directors' Information:- A K SERVICES PRIVATE LIMITED [Active] CIN = U74899MH1986PTC268851

Company & Directors' Information:- B V SERVICES PVT LTD [Active] CIN = U74140WB1991PTC050946

Company & Directors' Information:- I S A SERVICES PRIVATE LIMITED [Active] CIN = U74140JH1995PTC006387

Company & Directors' Information:- E I C SERVICES PRIVATE LIMITED [Strike Off] CIN = U74899DL1985PTC022426

Company & Directors' Information:- A C SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC070774

Company & Directors' Information:- H S SERVICES PRIVATE LIMITED [Active] CIN = U74900KA2014PTC074321

Company & Directors' Information:- G V INDIA SERVICES PRIVATE LIMITED [Active] CIN = U74900DL2010PTC212026

Company & Directors' Information:- A TO Z SERVICES PRIVATE LIMITED [Active] CIN = U74999MH2007PTC168484

Company & Directors' Information:- J K BOARD PRIVATE LIMITED [Strike Off] CIN = U20101DL1998PTC094877

Company & Directors' Information:- O P T SERVICES INDIA PRIVATE LIMITED [Active] CIN = U63013DL1996PTC083397

Company & Directors' Information:- P P SERVICES PVT LTD [Active] CIN = U70101WB1991PTC051423

Company & Directors' Information:- A P T SERVICES PRIVATE LIMITED [Amalgamated] CIN = U29219TG1999PTC031903

Company & Directors' Information:- S S SERVICES PVT LTD [Active] CIN = U51109AS1993PTC003956

Company & Directors' Information:- G & G SERVICES PRIVATE LIMITED [Active] CIN = U45201DL2012PTC230905

Company & Directors' Information:- A N Y SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC071457

Company & Directors' Information:- N B SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1993PTC056484

Company & Directors' Information:- P C SERVICES PRIVATE LIMITED [Strike Off] CIN = U00894KA1985PTC006606

Company & Directors' Information:- M. V. S SERVICES INDIA PRIVATE LIMITED [Active] CIN = U93000DL2013PTC252172

Company & Directors' Information:- S D SERVICES PVT LTD [Active] CIN = U51109AS1998PTC005293

Company & Directors' Information:- H AND B SERVICES LIMITED [Strike Off] CIN = U72900MH2004PTC145775

Company & Directors' Information:- C & R SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U74140KA1996PTC019645

Company & Directors' Information:- E AND A SERVICES (INDIA) PRIVATE LIMITED [Under Process of Striking Off] CIN = U51900MH1989PTC054373

Company & Directors' Information:- A. H. SERVICES PRIVATE LIMITED [Active] CIN = U74990MH2009PTC193917

Company & Directors' Information:- M E R I T SERVICES PRIVATE LIMITED [Strike Off] CIN = U51900MH1999PTC118445

Company & Directors' Information:- P F P SERVICES PRIVATE LIMITED [Active] CIN = U74900MH2009PTC293633

Company & Directors' Information:- P F P SERVICES PRIVATE LIMITED [Active] CIN = U74900WB2009PTC139742

Company & Directors' Information:- J. S. P. SERVICES PRIVATE LIMITED [Active] CIN = U63040DL1996PTC075731

Company & Directors' Information:- INDIA SERVICES LIMITED [Liquidated] CIN = U99999TN1946PLC000976

Company & Directors' Information:- U M S SERVICES LIMITED [Active] CIN = U03210TZ1982PLC001208

Company & Directors' Information:- A T E SERVICES LIMITED [Strike Off] CIN = U74140MH2001PTC132923

Company & Directors' Information:- SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U74140DL1996PTC078465

Company & Directors' Information:- G I SERVICES INDIA LIMITED [Active] CIN = U74140DL2008PLC184088

Company & Directors' Information:- E AND E SERVICES LIMITED [Strike Off] CIN = U65992KL1988PLC005094

Company & Directors' Information:- S R V N SERVICES PRIVATE LIMITED [Strike Off] CIN = U50200DL2004PTC124035

Company & Directors' Information:- B H SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U74999MH2012FTC227035

Company & Directors' Information:- A R SERVICES PRIVATE LIMITED [Active] CIN = U00000DL2001PTC109578

Company & Directors' Information:- J AND J SERVICES PRIVATE LIMITED [Active] CIN = U51900MH1995PTC092554

Company & Directors' Information:- L B D SERVICES PRIVATE LIMITED [Active] CIN = U00359BR1991PTC004694

Company & Directors' Information:- A A G RECRUITMENT PRIVATE LIMITED [Strike Off] CIN = U74910DL2005PTC140566

Company & Directors' Information:- A 2 Z E SERVICES PRIVATE LIMITED [Strike Off] CIN = U72200KA2006PTC039105

Company & Directors' Information:- M P SERVICES INDIA PRIVATE LIMITED [Strike Off] CIN = U74999PN1999PTC013531

Company & Directors' Information:- B I N A R Y SERVICES (INDIA) PRIVATE LIMITED [Strike Off] CIN = U72900DL2000PTC103072

Company & Directors' Information:- M C SERVICES (INDIA) PRIVATE LIMITED [Strike Off] CIN = U74999PN1999PTC013532

Company & Directors' Information:- D & D SERVICES INDIA PRIVATE LIMITED [Strike Off] CIN = U51909DL1998PTC093967

Company & Directors' Information:- S C L SERVICES PRIVATE LIMITED [Active] CIN = U63012TN2001PTC046650

Company & Directors' Information:- A B SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140DL1998PTC093545

Company & Directors' Information:- G P SERVICES PRIVATE LIMITED [Strike Off] CIN = U74899DL1989PTC037683

Company & Directors' Information:- T S SERVICES PRIVATE LIMITED [Strike Off] CIN = U85320WB2003PTC095712

Company & Directors' Information:- A. S. V. P. SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999HR2014PTC052304

Company & Directors' Information:- R AND T SERVICES PRIVATE LTD. [Strike Off] CIN = U72501DL1998PTC096640

Company & Directors' Information:- S S SERVICES PVT LTD [Strike Off] CIN = U74140WB1988PTC044009

Company & Directors' Information:- S S D SERVICES PRIVATE LIMITED [Active] CIN = U74910RJ1996PTC012694

Company & Directors' Information:- V & V SERVICES PRIVATE LIMITED [Strike Off] CIN = U74990MH2010PTC206211

Company & Directors' Information:- D S SERVICES PRIVATE LIMITED [Strike Off] CIN = U65923MH2012PTC226482

Company & Directors' Information:- P AND I SERVICES PRIVATE LIMITED [Active] CIN = U63090MH1981PTC024997

Company & Directors' Information:- F F C SERVICES PRIVATE LIMITED [Active] CIN = U74900PN2014PTC153348

Company & Directors' Information:- R. B. SERVICES PRIVATE LIMITED [Active] CIN = U74999MH2017PTC302692

Company & Directors' Information:- Q C SERVICES PRIVATE LIMITED [Active] CIN = U74999PN2013PTC148110

Company & Directors' Information:- B S K A SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900WB2013PTC198627

Company & Directors' Information:- S N SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900JK2014PTC004110

Company & Directors' Information:- R N SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900CH2013PTC034757

Company & Directors' Information:- R M E-SERVICES PRIVATE LIMITED [Active] CIN = U72300DL2007PTC166470

Company & Directors' Information:- A Y SERVICES PRIVATE LIMITED [Active] CIN = U74140DL2012PTC239759

Company & Directors' Information:- J N D SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140DL2014PTC264620

Company & Directors' Information:- V. S. SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999DL2012PTC233958

Company & Directors' Information:- S & V SERVICES PRIVATE LIMITED [Active] CIN = U74999DL2015PTC287145

Company & Directors' Information:- A R J SERVICES PRIVATE LIMITED [Active] CIN = U72200DL2015PTC286948

Company & Directors' Information:- M K R SERVICES PRIVATE LIMITED [Strike Off] CIN = U93000DL2012PTC242159

Company & Directors' Information:- G W SERVICES PVT LTD [Strike Off] CIN = U79140DL2001PTC111194

Company & Directors' Information:- B 2 B SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140HR2013PTC049213

Company & Directors' Information:- J S RECRUITMENT PRIVATE LIMITED [Strike Off] CIN = U74900KA2013PTC071109

Company & Directors' Information:- R K SERVICES PRIVATE LIMITED [Active] CIN = U45200HR2007PTC041783

Company & Directors' Information:- A. R. T. SERVICES PRIVATE LIMITED [Active] CIN = U51900GJ2009PTC056248

Company & Directors' Information:- B 9 N SERVICES PRIVATE LIMITED [Active] CIN = U74900KL2012PTC032087

Company & Directors' Information:- V J SERVICES PRIVATE LIMITED [Strike Off] CIN = U29242GJ2013PTC074510

Company & Directors' Information:- N I SERVICES PRIVATE LIMITED [Strike Off] CIN = U64202KL2000PTC014355

Company & Directors' Information:- 7-A SERVICES PRIVATE LIMITED [Active] CIN = U74999DL2019PTC359011

Company & Directors' Information:- L K E SERVICES PRIVATE LIMITED [Active] CIN = U74999RJ2021PTC073635

Company & Directors' Information:- F I SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999DL2001PTC113001

Company & Directors' Information:- C R D SERVICES PVT LTD [Active] CIN = U72300AS1988PTC003097

Company & Directors' Information:- B I M SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140KA1974PTC002694

Company & Directors' Information:- T Q M SERVICES PVT. LTD. [Strike Off] CIN = U74140DL1999PTC101341

Company & Directors' Information:- B AND M SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140MH1977PTC019880

Company & Directors' Information:- M J B E-SERVICES PRIVATE LIMITED. [Strike Off] CIN = U72400DL2006PTC150832

    W.P.No. 103 of 2021 & WMP.NO. 156 of 2021

    Decided On, 03 February 2021

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE S. VAIDYANATHAN

    For the Petitioner: R. Sankarasubbu, Advocate. For the Respondents: R1, J. Pothiraj, Spl. Govt. Pleader, R2, V. Kathirvelu, Spl. Govt. Pleader.



Judgment Text

(Prayer: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records made in C.No.A3/20868/2012 dated 29.10.2020 passed by the second respondent herein and quash the same as illegal and direct the respondent to appoint the petitioner as Grade II constable as directed by this Court in W.P.No.7957 of 2013 dated 11.01.2019 to secure the ends of justice.)The petitioner has come forward with the present writ petition, to call for the records made in C.No.A3/20868/2012 dated 29.10.2020 passed by the second respondent herein and quash the same as illegal and direct the respondent to appoint the petitioner as Grade II constable as directed by this Court in W.P.No.7957 of 2013 dated 11.01.2019 to secure the ends of justice.2. According to the petitioner, though a criminal case was registered against him and a trial was conducted in C.C.No.1082 of 2011 on the file of the Judicial Magistrate No.II, Sankagiri, he was honourably acquitted of all charges. Since he was acquitted from the said criminal case honourably, he did not disclose the factum of the criminal case at the time of application to the post of Grade II constable. It is the further case of the petitioner that to the shock and surprise, the 2nd respondent passed the impugned order, refusing to consider the petitioner for appointment to the said post.3. The respondents relied upon the judgments of the Hon’ble Supreme Court in the case of State of Madhya Pradesh vs. Abhijit Singh Pawar reported in 2018 (18) SCC 733 and also the yet another decision in Avtar Singh Vs.Union of India and others, reported in 2016 (8 ) SCC 471 to contend that the petitioner is not entitled to the relief sought for. The relevant paragraph of the judgment reported in 2016 (8 ) SCC 471 is extracted hereunder:22. The employer is given ‘discretion’ to terminate or otherwise to condone the omission. Even otherwise, once employer has the power to take a decision when at the time of filling verification form declarant has already been convicted/acquitted, in such a case, it becomes obvious that all the facts and attending circumstances, including impact of suppression or false information are taken into consideration while adjudging suitability of an incumbent for services in question. In case the employer come to the conclusion that suppression is immaterial and even if facts would have been disclosed would not have affected adversely fitness of an incumbent, for reasons to be recorded, it has power to condone the lapse. However, while doing so employer has to act prudently on due consideration of nature of post and duties to be rendered. For higher officials/higher posts, standard has to be very high and even slightest false information or suppression may by itself render a person unsuitable for the post. However same standard cannot be applied to each and every post. In concluded criminal cases, it has to be seen what has been suppressed is material fact and would have rendered an incumbent unfit for appointment. An employer would be justified in not appointing or if appointed to terminate services of such incumbent on due consideration of various aspects. Even if disclosure has been made truthfully the employer has the right to consider fitness and while doing so effect of conviction and background facts of case, nature of offence etc. have to be considered. Even if acquittal has been made, employer may consider nature of offence, whether acquittal is honourable or giving benefit of doubt on technical reasons and decline to appoint a person who is unfit or dubious character. In case employer comes to conclusion that conviction or ground of acquittal in criminal case would not affect the fitness for employment incumbent may be appointed or continued in service.”4. Heard the learned counsel for the parties and perused the material documents available on record, including the judgment cited by the respondents.5. It is no doubt true that the petitioner involved in a criminal case and subsequently, he was honorably acquitted from the charges by the Trial Court. This Court has also not lost sight of the proposition laid down by the Supreme Court that even after disclosure of the criminal background, it is for the employer to consider the nature of the offence, acquittal, etc., If the acquittal is on the basis of benefit of doubt, certainly, the petitioner has no case and he is unfit to get the appointment in the Police Department due his dubious character. Similarly, if a person was acquitted based on the compromise memo, then also no leniency can be shown to the petitioner, in the light of various pronouncements of the Supreme Court and the employer can straightaway reject the candidature.6. Learned counsel for the petitioner, in support of his stand, drew the attention of this Court to a judgment of this Court dated 11.01.2019 passed in W.P.No.7957 of 2013, annexed in the typeset of papers to argue that since the petitioner had already been acquitted, that too honorably, there is no need to mention the pendency of criminal case in the application and therefore, the petitioner is entitled to appointment i terms of the judgment of this Court dated 11.01.2019.7. I find much force in the contention of the learned counsel for the petitioner, inasmuch as a reading of the judgment of the Trial Court in C.C.No.1082 of 2011 dated 12.01.2012 on the file of Judicial Magistrate II, Sankagiri unfolds the fact that the petitioner was exonerated from the criminal charges honorably and not on the ground of benefit of doubt and therefore, the judgment of this Court passed in W.P.No.7959 of 2013 is squarely applicable to the case of the petitioner herein. In the said judgment, this Court had discussed all the aspects elaborately and given a finding thereof. The relevant paragraphs of the judgment are extracted hereunder:8. Application form has been filled by the petitioner. Column No.29 A of the application form reads as under:~29. Whether any criminal case is pending against you? Answer:- “No”.9. Material on record further discloses that the petitioner was acquitted, on 12/1/2012. On 16/4/2012, when he filled in the application form, there was no criminal case pending against the petitioner. Petitioner has therefore, not suppressed any material fact. Column No.29 of the form does not require the petitioner to disclose as to whether he was involved in any criminal case. Had the application form stipulated that the applicant must disclose as to whether he was involved in a criminal case and if the petitioner had suppressed this, then the situation would have been different.10...11. The trial Court, acquitted the petitioner because, the prosecution examined only the Investigation Officer and was not able to bring any other evidence. It can therefore be said that there was no evidence against the petitioner other than the testimony of the Investigation Officer and the acquittal cannot be said to be on the basis of benefit of doubt. 12. Offence under Section 294 (b) of the Indian Penal Code can be called as a case, which is trivial in nature. Section 294 of the India Penal Code reads as under:- “267 [294. Obscene acts and songs.—Whoever, to the annoyance of others— (a) does any obscene act in any public place, or (b) sings, recites or utters any obscene song, ballad or words, in or near any public place, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.]“ In any case, he has been acquitted and he has not suppressed any fact in the application. The petitioner had to only disclose as to whether any criminal case is pending against him. 13. In view of the facts and circumstances of the case, the petitioner ought to have been selected and he should not have been deprived of the appointment, as Grade 2 Constable. The writ petition is allowed. Respondents are directed to appoint the petitioner, in a vacancy, for the year 2019 – 2020. 14. The writ petition is disposed of with the above directions. No costs. Consequently, the connected Miscellaneous Petition is closed.”8. According to the respondents, apart from this question, there is yet another question in the application form, namely, “as to whether the petitioner was involved any other criminal case” and those two questions have got to be read together and not in isolation. The said submission cannot be accepted, because in case of Hon’ble acquittal, there is no need to disclose about the criminal case, in which the petitioner is said to have involved. As stated supra, even in a case of acquittal on compromise, the candidature need not be recruited, which is not the case herein. The decisions of the Hon’ble Su

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preme Court (supra), relied upon by the respondents have no relevancy to the present context.9. In view of what is stated herein-above, this Court is of the view that the petitioner is entitled to the relief and his case for appointment has to be considered suitably. Accordingly, the Writ Petition is allowed and the impugned ordered dated 29.10.2020 passed by the 2nd respondent, is set aside. A direction is issued to the respondents to appoint the petitioner as Grade-II Constable, in the light of the judgment of this Court in W.P.No.7957 of 2013 dated 11.01.2019 and the observations made herein-above, within a period of 45 days from the date of receipt of copy of this order. However, it is made clear that if, for any other reasons other than the non-disclosure of criminal case, the petitioner is not found to be suitable, it is for the concerned authority to decide the case in accordance with law. No costs. Consequently, connected miscellaneous petition is closed.
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