1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.09.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.10417 of 2011 M.Dhanapandi : Petitioner Vs. 1.The Chairman, Tamil Nadu Uniformed Services Recruitment Board, Chennai 2. 2.The Additional Director General of Police/ Director General of Prisons, No.1, Gandhi Irwin Road, Egmore, Chennai 8. 3.The Superintendent of Police, Dindigul District, Dindigul. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for the issue of a Writ of Mandamus, directing the respondents to issue an order of appointment, appointing the petitioner as Jail Warder pursuant to the selection made in Grade II (Male and Female) Police Constables, Grade II (Male and Female) Jail Warders and Fireman (Male) 2010, by considering the representation given by the petitioner on 10.08.2011. For Petitioner : Mr.N.Sathish Babu For Respondents : Mr.T.S.Mohammed Mohideen Additional Government Pleader O R D E R The petitioner, an aspirant to join police force, had appeared for selection to the post of Grade II Police Constable/Jail Warder in the year 2010. Though he was successful and secured a total marks of 72, he would not give an order of appointment. Hence, he is preferred the present Writ Petition for a Mandamus, directing the respondents to issue an order of appointment as Jail Warder, by considering his representation dated 10.08.2011. 2. When the matter came up for admission, on instructions from the Additional Director General of Police/Director General of Prisons, Chennai, the second respondent herein, Mr.T.S.Mohammed Mohideen, learned Additional Government Pleader submitted that though the petitioner was originally selected, on verification, it was found that a case in Crime No.218 of 2007, under Sections 147, 323, 427 of the Indian Penal Code and Section 3(1)(x) of SC/ST PA Act, has been registered against the petitioner, on the file of Sempatti Police Station, Dindigul District and that the same is pending on the file of the Court of competent jurisdiction. In such circumstances, as per G.O.Ms.No.1410, Home (Prison- 2) Department, dated 17.10.2008, the name of the petitioner has not been https://hcservices.ecourts.gov.in/hcservices/ 2 considered for appointment to the post of Grade II Police Constable/Jail Warder. 3. The learned Additional Government Pleader further submitted that a copy of the proceedings in Rc.No.46896/EW.1/2010, dated 06.09.2011 of the Additional Director General of Police/Director General of Prisons, Chennai, has also been sent to the petitioner. However, the learned counsel for the petitioner submitted that the said communication has not been received by the petitioner so far. Nevertheless, as per Rule 14(b) of Special Rules for Tamil Nadu Police Subordinate Service and G.O.Ms.No.1410, Home (Prison-2) Department, dated 17.10.2008, and since the above said criminal case is pending against the petitioner, he has rightly not been considered for the post of Grade II Police Constable/Jail Warder. In such circumstances, Mandamus sought for cannot be granted. True copy of the proceedings in Rc.No.46896/EW.1/2010, dated 06.09.2011 of the Additional Director General of Police/Director General of Prisons, Chennai produced by the learned Additional Government Pleader shall be treated as part of record. 4. With the above observation, the Writ Petition is dismissed. No costs. Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar(CS) To 1.The Chairman, Tamil Nadu Uniformed Services Recruitment Board, Chennai 2. 2.The Additional Director General of Police/ Director General of Prisons, No.1, Gandhi Irwin Road, Egmore, Chennai 8. 3.The Superintendent of Police, Dindigul District, Dindigul. +1cc to Special Government Pleader, SR.No.31568 +1cc to M/s.N,.Sathish Babu, Advocate, sR.No.31745 SML GH : 26.09.2011 : 2p/6c ORDER MADE IN W.P.(MD).No.10417 of 2011 https://hcservices.ecourts.gov.in/hcservices/