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Madras High Court · body

2014 DIGILAW 4386 (MAD)

J. Palanivel v. Tamil Nadu Uniformed Services Recruitment Board

2014-11-24

D.HARIPARANTHAMAN

body2014
Judgment 1. Heard both sides. 2. The petitioner was denied appointment to the post of Fireman in the Tamil Nadu Fire Service for the year 1999-2000 on the sole ground that he suppressed the fact about the registration of a criminal case against him on 15.06.1998 in Crime No.250 of 1998 under Sections 147, 148, 341, 324, 323 and 506(ii) IPC on the file of Oomachikumal Police Station. 3. On the other hand, it is the case of the petitioner that when he made application in the year 2000 pursuant to the notification calling for application to the post of Fireman, no criminal case was pending against him and the criminal case, that was registered against him, was closed pursuant to the final report dated 12.07.1998 filed by the Investigation Officer. Hence, there is no question of suppression of fact about the registration of criminal case. 4. I am in entire agreement with the plea made by the learned counsel for the petitioner in this regard, particularly, when it is admitted by the first respondent in paragraph 4 of the reply affidavit that the case registered against the petitioner was closed as mistake of fact on 18.07.1998. The relevant passage in paragraph 4 of the reply affidavit is extract hereunder : “4. .... In the Police Verification, it was found that he was involved in a criminal case in Oomachikulam Police Station Cr.No.250/98, under sections 147, 148, 341, 324, 3232 and 506(ii) IPC. After investigation, the case was referred as mistake of fact on 18.07.1998.” 5. It is not in dispute that the petitioner was successful in Physical Measurement Test, Physical Efficiency Test, Written Test and Viva-voce Test that were conducted during 2000. But, he was declined appointment on the sole ground that he suppressed about the criminal case, referred to above. 6. The relevant columns in the verification roll under Column Nos.14, 15 and 17 relate to the pendency of criminal case or any conviction that was suffered by the candidate. In this case, neither the petitioner suffered any conviction nor any criminal case was pending against him when he made application. Hence, denial of appointment to the petitioner is highly arbitrary, illegal and violative of Articles 14, 16 and 21 of the Constitution. 7. In this case, neither the petitioner suffered any conviction nor any criminal case was pending against him when he made application. Hence, denial of appointment to the petitioner is highly arbitrary, illegal and violative of Articles 14, 16 and 21 of the Constitution. 7. For the aforesaid reasons, the writ petitioner succeeds and consequently, this writ petition is allowed and a direction is issued to the respondents to appoint the petitioner as Fireman in the Tamil Nadu Fire Service within a period of eight weeks from the date of receipt of a copy of this order. No costs.