The Hindu : Tamil Nadu / Chennai News : Clarification sought on policeman’s appointment

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Wednesday, Jan 30, 2008
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Tamil Nadu

Tamil Nadu - Chennai

Clarification sought on policeman’s appointment

Special Correspondent

CHENNAI: Can all types of offences/charges — whether petty or grave in nature — be treated alike for the purpose of disqualifying the person concerned from being appointed a policeman?

This is the clarification a Full Bench of the Madras High Court, hearing the pleas of a batch of disqualified candidates, sought from the Tamil Nadu Government.

The Tamil Nadu Police Subordinate Service Special Rules specifically disqualifies persons facing criminal proceedings, but subsequently being acquitted of all charges, from being appointed policemen.

By way of a qualified exclusion, the Rules say that if it is an “honourable acquittal,” and not due to benefit of doubt or hostile witnesses, such persons can be considered for appointment.

When similar issues came up before two different Division Benches earlier, they held that subsequent acquittal would entitle an accused to be considered for appointment as policeman.

But, the fact that Rule 14(B) of the Rules specifically stipulated such candidates would attract disqualification was not brought to the knowledge of those two Benches.

However, another Bench comprising Justice S.J. Mukhopadhaya and Justice F.M. Ibrahim Kalifulla, on noticing the provision, said it would not follow the orders of the earlier Benches as the Rules clearly disqualified such candidates. The matter was then referred to a Full Bench for clarification.

On Tuesday, the Bench comprising Chief Justice A.P. Shah, Justice F.M. Ibrahim Kalifulla and Justice V. Ramasubramanian reserved its orders.

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