S.KIRUBABURESHWARAN vs THE STATE OF TAMIL NADU

2026:MHC:3585
W.P.No.34560 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27-08-2026
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
W.P.No.34560 of 2023 and
W.M.P.No.34475 of 2023
S.Kirubabureshwaran
… Petitioner
-vs-
1. The State of Tamil Nadu
Rep. by its Secretary to Government,
Home (Prison II Dept),
St.George Fort, Chennai.
2. The Director General of Police
Prison & Reform Services,
Office of the DGP, Egmore,
Chennai – 600 008.
3. The Chairman,
Tamil Nadu Uniformed Services,
Recruitment Board, Old Commissioner
Office, Pantheen Road,
Egmore, Chennai.
4. The Superintendent Of Police,
Villupuram District.
… Respondents
Prayer: Declaring that Explanation I to Rule 2(f) of the Special Rules for
the Tamil Nadu Jail Subordinate Services is unconstitutional insofar as it
states that a person who is acquitted due to the fact that the complainant
turned hostile shall be treated as a person involved in a criminal case
For Petitioner: Mr.J.Chandran Sundar Sashikumar
For Mrs.Mythili Srinivas
For Respondent(s): Mr.AR.Suresh, SGP for R1 to R4
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2026:MHC:3585
W.P.No.34560 of 2023
O R D E R
(Order of the Court was made by S.M.Subramaniam,J.)
Writ on hand has been instituted to declare Explanation 1 to
Rule 2(f) of the Special Rules for the Tamil Nadu Jail Subordinate
Services (in short "Rules for Jail Subordinate Services") as
unconstitutional.
2. Impugned Explanation 1 to Rule 2(f) of Rules for Jail
Subordinate Services reads as under:
“Explanation (1) - A person who is acquitted or discharged
on benefit of doubt or due to the fact that the complainant
turned hostile, shall be treated as a person involved in a
criminal case.”

3. Rule 2(f) of Rules for Jail Subordinate Services states that
a person has not involved in any criminal case before Police Verification.
Thus, criteria fixed for selection to Jail Subordinate Services is that
candidate has not involved in any criminal case before Police
Verification.
4. The word 'involved' has been explained under Explanation
1 to Rule 2(f). Under the provision, a person, who is acquitted or
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2026:MHC:3585
W.P.No.34560 of 2023
discharged on benefit of doubt or due to the fact that the complainant
turned hostile, shall be treated as a person involved in a criminal case.
5. Similar Rule has been contemplated under the Tamil Nadu
Special Police Subordinate Service Rules 1978 ('Rules, 1978'). Rules
14(b) Explanation (1) and (2) of Rules, 1978 is parametria to Explanation
Clause impugned in the present writ petition. Explanation (1) states that
a person, who is acquitted or discharged on benefit of doubt or due to
the fact that the complainant turned hostile, shall be treated as a person
involved in a criminal case.
6. In respect of Rules, 1978, a Larger Bench of this Court
has decided the issue in the case of J.Alex Ponseelan vs. The
1
Director General of Police, Tamil Nadu , wherein, in Paragraph No.19,
it has been held as follows:
“19. Insofar as the present case is concerned, the
explanation to Rule 14(b)(iv) indicates that it is not
exhaustive but it specifies certain instances, which would
explain the term "involvement in a criminal case".In any
event, assuming without admitting that there is some
confusion in the understanding of the language by which the
Explanation has been stated, that issue can however be
appropriately addressed by the Government by suitably
amending the Tamil Nadu Special Police Subordinate Service
Rules, on the lines of the Delhi Police Rules and its Standing
Order No.398/2010, which is reproduced in Paragraph 20 of
1
2014 (2) CTC 337
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2026:MHC:3585
W.P.No.34560 of 2023
the judgment in Mehar Singh's case (Supra). Such a
recommendation is made taking cue from the decision of the
Hon'ble Apex Court in Pawan Kumar vs. State of Haryana
and another - AIR 1996 SC 330.”
7. Even as per Oxford English Dictionary, the meaning of the
word ‘involve’ denotes participation of a person in an activity or situation.
Therefore, registration of an FIR would be sufficient to hold that the
person has been involved in a criminal case. Whether he was
discharged, acquitted on benefit of doubt or otherwise are the
consideration left open to the competent authority, while scrutinising the
suitability of candidate for appointment to public posts. Since the
Explanation clause mentioned supra has already been upheld by the
Larger Bench of this Court in Alex’s case , no further deliberation needs
to be undertaken in respect of ground raised in the Writ Petition.
Consequently, the present Writ Petition is dismissed. No
costs. Connected Miscellaneous Petition is closed.
(S.M.S.,J.) (C.K.,J.)
27-08-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
AR
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2026:MHC:3585
W.P.No.34560 of 2023
To:
1. The Secretary to Government,
State of Tamil Nadu
Home (Prison II Dept.),
St.George Fort, Chennai.
2. The Director General of Police
Prison & Reform Services,
Office of the DGP, Egmore,
Chennai – 600 008.
3. The Chairman,
Tamil Nadu Uniformed Services,
Recruitment Board, Old Commissioner Office,
Pantheen Road,
Egmore, Chennai.
4. The Superintendent Of Police,
Villupuram District.
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2026:MHC:3585
W.P.No.34560 of 2023
S.M.SUBRAMANIAM,J.
AND
C.KUMARAPPAN,J.
AR
W.P.No.34560 of 2023
1/2
27-08-2026
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