HC relief for police aspirant who was acquitted in a case

Madras HC grants relief to police aspirant, directs Pudukkottai SP to consider application & provide appointment order in 6 wks.

Granting relief to a police aspirant, the Madurai Bench of the Madras High Court directed the Pudukkottai Superintendent of Police to consider his application and provide him with an appointment order in six weeks.

The court was hearing the petition filed by the police aspirant from Pudukkottai district, who cleared the written examination, physical fitness and endurance test and the interview for the post of Grade II Police Constable. However, his application was rejected on the grounds that he suppressed the fact that a case had been registered against him, which concluded in his acquittal. Challenging the rejection, he filed the present petition.

Justice L. Victoria Gowri observed the petitioner belonging to a Scheduled Caste applied for the post of Grade II Police Constable by duly filling up the application form. He mentioned ‘no’ to the query ‘Whether any criminal case has been registered against you?’

The court observed that there was no pending criminal case against the petitioner. The case registered against him concluded in acquittal after a full-fledged trial. Obviously, the petitioner, presuming his proven innocence, filled up the query as ‘no’. With the answer ‘no’, it could not be said that he suppressed any material fact or furnished false information.

In view of the vague language so far as the query was concerned, the petitioner could not be found guilty of any suppression. The application form had to be specific and not vague.

The petitioner cleared the written examination, physical endurance test and the interview and proved his merit and ability. This was a case where the petitioner was subjected to a full-fledged trial and acquitted by the trial court. Since the candidate was acquitted prior to police verification, even before applying for the recruitment process, he should be considered for appointment, the court observed.

The court quashed the order passed by the authorities and remanded the entire file to the Pudukkottai SP, who was directed to consider the application of the petitioner and provide him with an appointment order within six weeks.