HC quashes order of cancellation of appointment

The Madras High Court today made it clear that an appointment made by the police department to the post of constable cannot be cancelled on the basis of a criminal case registered against the person concerned after the appointment order is issued.
"In the case on hand, no criminal case is pending till the petitioner is selected and appointed. But after joining the service, if a case is registered against him, the same cannot be a reason to cancel the appointment order that was already issued," Justice D Hariparanthaman, who allowed a petition filed by one P.Madasamy, said.
The judge then quashed the order of cancellation of appointment and directed authorities to restore the petitioner in service with all monetary benefits which have to be paid within a period of eight weeks from the date of the order.

Madasamy was appointed as Grade-II constable on January 27, 2013 but was later served with cancellation of appointment order by the DGP after a relative lodged a complaint against him.
He was booked under different IPC sections and was arrested. However, he was acquitted by the District Munisif-cum-Judical Magistrate, Chengottai, on February 28 of the same year. As a criminal case was filed, the appointment order was cancelled by DGP under Rule 14(b) of Tamil Nadu Police Subordinate Services,1953.
This was challenged by Madasamy through a writ petition.

The judge said "..Rule 14(b) of TNPSS applies only till recruitment is made. As per the above, the Department can very well refuse his candidature if a criminal case is pending at the time of appointment. In the case on hand, no criminal case is pending till the petitioner is selected and appointed."

The judge then suggested that only course open to the department is to wait for the outcome of the criminal case or at the most to place the delinquent government servant under suspension during the pendency of the case.
"I am of the view that the impugned order is liable to be interfered with. Further before passing the order cancelling the appointment, the petitioner was not heard. Had he been heard, he would have brought to the notice of the authorities that the criminal case was registered after his joining service. Hence, the impugned order is violative of principles of natural justice under Articles 14 and 21 of the Constitution of India.