Secretary of State, Home Department, Government of Tamil Nadu, Chennai – 9 v. S.Beemarao & Ors.

W.A.No.1741 of 2025THE HIGH COURT OF JUDICATURE AT MADRASDATED: 18.06.2025CORAM:THE HONOURABLE MR. JUSTICE R.SUBRAMANIANANDTHE HONOURABLE MR. JUSTICE K.SURENDERW.A.No.1741 of 2025andC.M.P.No.13304 of 20251.The Secretary of State, Home Department, Government of Tamil Nadu, Chennai – 9. 2.The Chairman, Tamil Nadu State Uniformed Service Recruitment Board, No.807, P.T.Lee Chengalvaraya Naicker Maaligai, Anna Salai, Chennai – 600 002. 3.The District Superintendent of Police, Dharmapuri District, Dharmapuri. ... AppellantsVs. S.Beemarao ... RespondentPrayer : Writ Appeal filed under Clause 15 of Letters Patent, praying to set aside the order dated 11.02.2011 made in W.P.No.2038 of 2011.1/6 https://www.mhc.tn.gov.in/judis W.A.No.1741 of 2025For Appellants : Mr.P.Kumaresan, Additional Advocate GeneralFor Respondent : Mr.M.Muruganantham*******J U D G M E N T (Judgment of the Court was delivered by R.SUBRAMANIAN, J.)Challenge is to the order of the writ Court dated 11.02.2011 made in W.P.No.2038 of 2011, in and by which, the writ Court directed the respondent to be appointed as Police Constable Grade II condoning the lapse of non-disclosure of a criminal case that was registered against him.2. The writ Court found that the offences complained of are very minor offences and as such the non-disclosure cannot invite a drastic consequence of rejection of his candidature. In coming to the said conclusion, the writ Court had relied upon the judgment of the Hon’ble Supreme Court in Dhananjay Malik and others Vs. State of Uttaranchal and others reported in (2008) 4 SCC 171. 2/6 https://www.mhc.tn.gov.in/judis W.A.No.1741 of 20253. Even subsequently in Avtar Singh Vs. Union of India and others reported in (2012) 8 SCC 748, the Hon’ble Supreme Court had held that whether such non-disclosure is condonable or not would depend upon the seriousness of the offence complained. 4. Considering the fact that the offences for which the case was registered against the respondent were very minor offences, we do not propose to interfere with the order of the writ Court. Thought the order of the writ Court is dated 11.02.2011, it is stated that the same has not been complied with till date and a contempt petition is pending. The respondent has also filed an affidavit stating that he is willing to forgo his seniority from the year 2010 to till date. 5. In such circumstance, we direct the Authorities to implement the order of the writ Court forthwith and in any event the respondent would be entitled to seniority as if he was appointed today i.e., 18th of June 2025. He will be sent for training with the 2025 Batch. We make it clear that the seniority of the respondent will not depend on the marks obtained by him in 3/6 https://www.mhc.tn.gov.in/judis W.A.No.1741 of 2025the examination conducted by the Police Training College, in view of the fact that the respondent had already given up his claim for appointment along with the Batch of the year 2010. The seniority will be determined as if he joined duty on 18.06.2025.6. Accordingly, this Writ Appeal is disposed of. No costs. Consequently, the connected miscellaneous petition is closed. (R.S.M.,J.) (K.S.,J.) dsa 18.06.2025Index: NoInternet: YesNeutral Citation : NoSpeaking order4/6 https://www.mhc.tn.gov.in/judis W.A.No.1741 of 2025To1.The Secretary of State, Home Department, Government of Tamil Nadu, Chennai – 9. 2.The Chairman, Tamil Nadu State Uniformed Service Recruitment Board, No.807, P.T.Lee Chengalvaraya Naicker Maaligai, Anna Salai, Chennai – 600 002. 3.The District Superintendent of Police, Dharmapuri District, Dharmapuri. 5/6 https://www.mhc.tn.gov.in/judis W.A.No.1741 of 2025R.SUBRAMANIAN, J.andK.SURENDER , J. dsaW.A.No.1741 of 202518.06.20256/6