T. Sujin Raj vs The Director General of Poli

WP(MD) NO. 30971 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved on
01.10.2026
Pronounced on 16.10.2026
CORAM:
THE HONOURABLE MR.JUSTICE RAJNISH PATHIYIL
WP(MD) NO. 30971 of 2024
{CNR: HCMD015406492024}
Case QR
AND
WMP(MD) NO. 26024 OF 2024
T. Sujin Raj ...Petitioner(s)
Vs
1. The Director General of Police,
Director General of Prisons and Correctional Services,
Whannels Road,
Egmore,
Chennai - 600 008.
2. The Member Secretary,
Tamilnadu Uniformed Service Recruitment Board,
Old Commissioner of Police Office Campus,
Pantheon Road, Egmore
Chennai - 600 008.
3. The Superintendent of Police
Nagerkovil,
Kanyakumari District. ...Respondent(s)
1/16
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/10/2026 05:07:16 pm )

WP(MD) NO. 30971 of 2024
For Petitioner(s):
Mr.Muthu Ganesa Pandian, for
Mr.K.Mahesh Raja
For Respondent(s):
Mr.P. Pethu Rajesh,
Additional Government Pleader

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying
this Court to issue a Writ of Certiorarified Mandamus , to call for the records with
related to the impugned order vide No. Na.Ka. No.A4/30529/2024 dated 04.12.2024
passed by the 3rd respondent and set aside the same as illegal, consequently direct
the respondents to appoint the petitioner as Grade II Police Constable / Jail Warden.
ORDER
This writ petition has been filed seeking issuance of a Writ of
Certiorarified Mandamus , to set aside the impugned order vide Na.Ka.
No.A4/30529/2024 dated 04.12.2024 passed by the 3rd respondent and consequently
direct the respondents to appoint the petitioner as Grade II Police Constable / Jail
Warden.
2. The petitioner is an ex-serviceman who, upon completing his military
service, applied for a post in the Police Department, the recruitment being conducted
by the second respondent, the Tamil Nadu Uniformed Services Recruitment Board.
The petitioner contends in his affidavit that he joined the Indian Army on 20.12.2005
and retired on 31.12.2022 after completing 17 years of unblemished service. He is
2/16
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/10/2026 05:07:16 pm )

WP(MD) NO. 30971 of 2024
also a matriculate, having completed his secondary school education in Tamil Nadu
in March 2002. It is contended by him that the respondents had issued a notification
in the year 2023 inviting applications for appointment as Grade II Police Constables.
Accordingly, he applied and completed the written examination, physical fitness test,
endurance test and efficiency test. He was called for certificate verification, where he
appeared and submitted all certificates, which were verified, and he was
provisionally selected for the post.
3. It is averred in the affidavit filed in support of the writ petition that
there was certain matrimonial discord between his wife and him in the year 2016,
due to which she had preferred a complaint before the All Women Police Station,
Kulithurai, in Kanyakumari District. An FIR in Crime No. 16 of 2016 was registered
on 01.07.2016 under Sections 294(b), 406, 498A, 506 (1) IPC read with Sections 3,
4, 6 of the Dowry Prohibition Act, 1961. The petitioner's case is that after the
conclusion of the investigation, action was dropped in the said FIR i.e., in Crime No.
16 of 2016 and a report was filed before the concerned Judicial Magistrate. He
further submits that thereafter, due to the continuing matrimonial discord and since
no sustainable remedy could be reached, both his wife and he agreed to file a petition
seeking divorce by mutual consent. Thereafter, the Family Court also granted divorce
by mutual consent in D.O.P.No. 326 / 2016. He had long forgotten about the criminal
case that was registered, and subsequently closed, as it has been instituted solely on
3/16
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/10/2026 05:07:16 pm )

WP(MD) NO. 30971 of 2024
account of a misunderstanding between the petitioner and his estranged wife during
the subsistence of his marriage.
4. It is the further case of the petitioner that, while applying for the post
of Grade-II Police Constable, he had set out the answer as “No” in the column
requiring him to specify whether any criminal case had been filed against him. He
submits that the application was submitted on 30.08.2023, while the case against him
was registered on 01.07.2016 and dropped soon thereafter. He also submits that as on
the date of application, there was no case pending against him, and the complaint
that was filed against him had been closed, action having been dropped. It was never
his intention to suppress any information, as the fact would in any event have come
to light during police verification. Under the bona fide belief that he was not required
to disclose cases where the complaint itself had been closed on account of action
being dropped, and moreover because the complaint arose out of matrimonial discord
the principal offence being under under Section 498A of IPC, he filled the form
accordingly.
5. The learned Additional Government Pleader appearing for the
respondents referred to the counter filed by the third respondent and submitted that it
was the bounden duty of the petitioner to have furnished true facts in his application,
and he could not have suppressed the fact that an FIR was registered against him,
4/16
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/10/2026 05:07:16 pm )

WP(MD) NO. 30971 of 2024
notwithstanding that it was lodged by his estranged wife under Section 498A IPC
and other provisions. It was imperative that he should have disclosed the said fact,
more so when applying for the post of a Grade-II Police Constable in the Police
Department. The very purpose of providing such a declaration is to ascertain whether
candidates are truthful, and his non-disclosure shows that he has scant regard for the
law.
6. The Learned Additional Government Pleader also referred to the
counter-affidavit and submitted that under Rule 14(b) of the Tamil Nadu Special
Police Subordinate Service Rules (TNSPSS), the petitioner would not become
eligible for appointment unless he satisfies the authority that he was not involved in
any criminal case prior to police verification. In the present case, the petitioner has
deliberately suppressed this fact. It is not in dispute that the petitioner's matrimonial
discord resulted in divorce by mutual consent granted by the Family Court,
Kanyakumari, in D.O.P. No. 326 of 2016 by order dated 12.07.2017. The counter
also adverts to the judgment of a Division Bench of this Court in the case of
Director General of Police, Tamil Nadu v. K. Indhu Kumar, W.A.(MD)No. 938 of
2020. Th e relevant paragraphs are extracted hereunder:
“(D) SUMMARY OF PROPOSITIONS OF LAW
19. In the light of the foregoing discussion, the propositions of law may
be summarised as follows:
5/16
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/10/2026 05:07:16 pm )

WP(MD) NO. 30971 of 2024
(a) Where a candidate has been honourably acquitted or discharged, the
case has been closed as a mistake of fact, or the FIR or charge sheet has
been quashed before the date of police verification, the same shall be
considered in favour of the candidate in the current selection itself.
(b) Where a candidate has been acquitted on the ground of benefit of
doubt or owing to the hostility of witnesses before the date of police
verification, such acquittal would not confer any right upon the candidate to
claim appointment as a matter of right. The employer may consider the
suitability of the candidate based on his conduct and antecedents, provided
the offences involved are trivial in nature.
(c) Where a criminal case has been quashed before police verification
on the basis of a compromise, and the offence involved is trivial in nature,
the same may be considered in favour of the candidate in the current
selection itself. However, where the offence is not trivial in nature, the
candidate shall not be entitled to appointment on that basis.
(d) Where a candidate, having knowledge of his involvement in a
criminal case, has suppressed the same in his application and the offence
involved is not trivial in nature, he shall not be entitled to seek appointment.
However, in cases involving trivial offences, whether the candidate was
unaware of his involvement or, despite having knowledge thereof, suppressed
the same, the employer may, in its discretion, consider the candidature
having regard to the candidate's character and past antecedents.
(e) Where a candidate is involved in petty or trivial cases, such as
family disputes, disputes with neighbours, shouting of slogans, or traffic
offences in which a fine has been imposed, the same may be treated as
offences of a petty or trivial nature. However, offences against women or
children, or offences under the NDPS Act, shall not be treated as trivial in
nature.
6/16
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/10/2026 05:07:16 pm )

WP(MD) NO. 30971 of 2024
(f) Where a candidate is involved in criminal proceedings under the
Juvenile Justice Act, his or her candidature shall be considered in the light
of the Division Bench judgment of this Court dated 01.03.2023 in Rev. Apln.
No.17 of 2023 in W.A. No.2759 of 2018 (The Superintendent of Police,
Villupuram District v. S. Rajeshkumar).
(g) Where, during the pendency of the recruitment process, a candidate is
discharged from the criminal case or acquitted therein, he or she shall be
eligible for consideration in the next recruitment process in accordance with
Rule 14(b) of the Tamil Nadu State Police Subordinate Service
Rules.” (emphasis supplied)
7. The learned counsel for the petitioner relied on the judgment in the
case of Commissioner of Police and Others v. Sandeep Kumar , reported in (2011) 4
SCC 644 in which the Hon'ble Supreme Court held as follows:
“12. It is true that in the application form the respondent did not
mention that he was involved in a criminal case under Sections 325/34
IPC. Probably he did not mention this out of fear that if he did so he
would automatically be disqualified. At any event, it was not such a
serious offence like murder, dacoity or rape, and hence a more lenient
view should be taken in the matter.”
8. The learned Counsel also referred the judgment of the Hon'ble
Supreme Court in the case of Daya Shankar Yadav v. Union of India and Ors .
reported in (2010) 14 SCC 103 in which the relevant portion is extracted hereunder:
7/16
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/10/2026 05:07:16 pm )

WP(MD) NO. 30971 of 2024
“ d) On the other hand, if the employer finds that the criminal case
disclosed by the declarant related to offences which were technical or of a
nature that would not affect the declarant's fitness for employment, or where
the declarant had been honourably acquitted and exonerated, the employer
may ignore the fact that the declarant had been prosecuted in a criminal case
and proceed to appoint him or continue him in employment”.
9. He also referred to the judgment in the case of K. Sathiyaseelan v.
Tamil Nadu Uniformed Services Recruitment Board , reported in 2013 SCC
OnLine Mad 732, wherein the Hon'ble Supreme Court has held as follows:
“ 32. It is a matter of common experience that most of these complaints
under Section 498-A IPC are filed in the heat of the moment over trivial issues
without proper deliberations. We come across a large number of such
complaints which are not even bona fide and are filed with oblique motive. At
the same time, rapid increase in the number of genuine cases of dowry
harassment is also a matter of serious concern.
33. The learned members of the Bar have enormous social responsibility
and obligation to ensure that the social fibre of family life is not ruined or
demolished. They must ensure that exaggerated versions of small incidents
should not be reflected in the criminal complaints. Majority of the complaints
are filed either on their advice or with their concurrence. The learned members
of the Bar who belong to a noble profession must maintain its noble traditions
and should treat every complaint under Section 498-A as a basic human
problem and must make serious endeavour to help the parties in arriving at an
amicable resolution of that human problem. They must discharge their duties to
the best of their abilities to ensure that social fibre, peace and tranquillity of the
8/16
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/10/2026 05:07:16 pm )

WP(MD) NO. 30971 of 2024
society remains intact. The members of the Bar should also ensure that one
complaint should not lead to multiple cases.
34. Unfortunately, at the time of filing of the complaint the implications
and consequences are not properly visualised by the complainant that such
complaint can lead to insurmountable harassment, agony and pain to the
complainant, accused and his close relations.
35. The ultimate object of justice is to find out the truth and punish the
guilty and protect the innocent. To find out the truth is a Herculean task in
majority of these complaints. The tendency of implicating the husband and all
his immediate relations is also not uncommon. At times, even after the
conclusion of the criminal trial, it is difficult to ascertain the real truth. The
courts have to be extremely careful and cautious in dealing with these
complaints and must take pragmatic realities into consideration while dealing
with matrimonial cases. The allegations of harassment of husband's close
relations who had been living in different cities and never visited or rarely
visited the place where the complainant resided would have an entirely different
complexion. The allegations of the complainant are required to be scrutinised
with great care and circumspection.
36. Experience reveals that long and protracted criminal trials lead to
rancour, acrimony and bitterness in the relationship amongst the parties. It is
also a matter of common knowledge that in cases filed by the complainant if the
husband or the husband's relations had to remain in jail even for a few days, it
would ruin the chances of an amicable settlement altogether. The process of
suffering is extremely long and painful.
37. Before parting with this case, we would like to observe that a serious
relook of the entire provision is warranted by the legislature. It is also a matter
of common knowledge that exaggerated versions of the incident are reflected in
a large number of complaints. The tendency of over implication is also reflected
9/16
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/10/2026 05:07:16 pm )

WP(MD) NO. 30971 of 2024
in a very large number of cases. The criminal trials lead to immense sufferings
for all concerned. Even ultimate acquittal in the trial may also not be able to
wipe out the deep scars of suffering of ignominy. Unfortunately a large number
of these complaints have not only flooded the courts but also have led to
enormous social unrest affecting peace, harmony and happiness of the society. It
is high time that the legislature must take into consideration the pragmatic
realities and make suitable changes in the existing law. It is imperative for the
legislature to take into consideration the informed public opinion and the
pragmatic realities in consideration and make necessary changes in the relevant
provisions of law.
38.We direct the Registry to send a copy of this judgment to the Law
Commission and to the Union Law Secretary, Government of India who may
place it before the Hon'ble Minister for Law and Justice to take appropriate
steps in the larger interest of the society."
10. He also referred to the judgment in the case of Avtar Singh v. Union
of India , reported in (2016) 8 SCC 471, wherein the Hon'ble Supreme Court has
held as follows:
“38. We have noticed various decisions and tried to explain and
reconcile them as far as possible. In view of aforesaid discussion, we
summarize our conclusion thus:
38.1. Information given to the employer by a candidate as to
conviction, acquittal or arrest, or pendency of a criminal case, whether
before or after entering into service must be true and there should be no
suppression or false mention of required information.
10/16
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/10/2026 05:07:16 pm )

WP(MD) NO. 30971 of 2024
38.2. While passing order of termination of services or cancellation
of candidature for giving false information, the employer may take
notice of special circumstances of the case, if any, while giving such
information. The employer shall take into consideration the
Government orders/instructions/rules, applicable to the employee, at
the time of taking the decision.
38.3. In case there is suppression or false information of
involvement in a criminal case where conviction or acquittal had
already been recorded before filling of the application/verification form
and such fact later comes to knowledge of employer, any of the
following recourse appropriate to the case may be adopted : -
38.4.1. In a case trivial in nature in which conviction had been
recorded, such as shouting slogans at young age or for a petty offence
which if disclosed would not have rendered an incumbent unfit for post
in question, the employer may, in its discretion, ignore such suppression
of fact or false information by condoning the lapse.”

11. The learned Additional Government Pleader appearing for the
respondents also referred to two other decisions of this Court in M. Thirumal
Chakravarthi v. The Member Secretary & ors, W.A.No.2408/2022 dated
21.02.2025 and A. Ajith Kumar v. The Superintendent of Police & anr, W.P. No.
19025/2024 dated 16.07.2024 and submitted that the law has long since been settled
that in cases of such nature, suppression of information would result in the
candidature being rejected. It is relevant to refer to the judgment of the Hon’ble
11/16
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/10/2026 05:07:16 pm )

WP(MD) NO. 30971 of 2024
Division Bench in M. Thirumal Chakravarthi v. The Member Secretary & ors,
W.A.No.2408/2022, which are extracted hereunder:
“5. This Court in several cases, based on the rules, held that supprression
of pendency of a criminal case is more serious, particularly in the case of
K.Ayyanar Vs. The State of Tamil Nadu, rep. By its Principal Secretary,
Home Department, Secretariat, Chennai and 4 Others in W.A.(MD) No.
1053 of 2023 dated 27.07.2023, the Division Bench of this Court to which
one of us is a party has elaborately considered by following precedents on
this aspect. The relevant portions are extracted hereunder:
“…
9. The Full Bench of this Court in Manikandan and others vs.
Chairman, Tamil Nadu Uniformed Services Recruitment Board
reported in 2008 (2) CTC 97, has considered suppression as fatal
in certain cases. The observation of the Full Bench in paragraph
35 of the said judgment reads as follows:- ''Thus the above latest
decision of the Apex Court has cleared the cloud of suspicion on
the issue. Therefore we hold that the failure of a person to
disclose his involvement in a criminal case, at the earliest point
of time, when the application form is filled up, is fatal. His
subsequent disclosure, whether before acquittal or after
acquittal, will not cure the defect. In any case, the subsequent
disclosure may not have any effect upon his selection, since his
case will then fall under any one of the 2 Explanations under
clause (iv) of Rule 14(b) and make him ineligible for the current
selection or for all future selection depending on whether the
acquittal is honorable or otherwise….””
12/16
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/10/2026 05:07:16 pm )

WP(MD) NO. 30971 of 2024
12. Having perused the records and given my anxious consideration to
the contentions put forth by both sides, it is found that Crime No. 16 of 2016 was
registered solely on the complaint of his wife arising out of matrimonial discord, and
that action was thereafter dropped. Subsequently, the petitioner also obtained a
divorce by mutual consent. In such circumstances, as on the date of application, there
was no case pending against the petitioner, and even the case that was registered had
been dropped.
13. Considering the trivial nature of the offence and the law laid down
by this Court in Director General of Police, Tamil Nadu v. K. Indhu Kumar, W.A.
(MD)No. 938 of 2020 , wherein, while classifying and illustrating various types of
offences under the heading of “trivial offences,” this Court held that cases arising out
of family disputes, disputes with neighbours, shouting of slogans, and traffic
offences can be considered offences of a trivial nature, and hence condoned such
erroneous non-disclosure. The relevant paragraphs of the said judgment are extracted
hereunder:
“10.Petty and Trivial Cases:
The cases arising out of family dispute or with neighbors shouting of
slogans and traffic offences where fine was imposed, can be
considered to be offences of trivial in nature. Any offences against
women, children or under NDPS Act should never be construed to be
offences of trivial in nature.
...
13/16
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/10/2026 05:07:16 pm )

WP(MD) NO. 30971 of 2024
19. In the light of the foregoing discussion, the propositions of law may be
summarised as follows:
(a) Where a candidate has been honourably acquitted or discharged, the
case has been closed as a mistake of fact, or the FIR or charge sheet has
been quashed before the date of police verification, the same shall be
considered in favour of the candidate in the current selection itself.
...
(d) Where a candidate, having knowledge of his involvement in a
criminal case, has suppressed the same in his application and the offence
involved is not trivial in nature, he shall not be entitled to seek appointment.
However, in cases involving trivial offences, whether the candidate was
unaware of his involvement or, despite having knowledge thereof, suppressed
the same, the employer may, in its discretion, consider the candidature
having regard to the candidate's character and past antecedents.
(e) Where a candidate is involved in petty or trivial cases, such as
family disputes, disputes with neighbours, shouting of slogans, or traffic
offences in which a fine has been imposed, the same may be treated as
offences of a petty or trivial nature. However, offences against women or
children, or offences under the NDPS Act, shall not be treated as trivial in
nature.
...
(g) Where, during the pendency of the recruitment process, a candidate
is discharged from the criminal case or acquitted therein, he or she shall be
eligible for consideration in the next recruitment process in accordance with
Rule 14(b) of the Tamil Nadu State Police Subordinate Service
Rules.” (emphasis supplied)”
14/16
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/10/2026 05:07:16 pm )

WP(MD) NO. 30971 of 2024
14. In the light of the above, this Court is of the view that the petitioner
has made out a case, that the non-furnishing of details cannot amount to suppression,
and that, even otherwise, the offence is trivial, having arisen out of matrimonial
discord that ended in a divorce by mutual consent. Therefore, the petitioner is
entitled to the relief sought for. Moreover, on the date of submission of the
application, there was no case pending, as it has been closed at least 7 years prior to
the application submitted by the petitioner.
15. In the result, the writ petition is allowed. The respondent is directed
to consider the petitioner's appointment, subject to fulfilling all other conditions. No
costs. Consequently, the connected miscellaneous petition is closed.
16.10.2026
NCC :yes/No
Index :yes/No
Internet :yes/No
KSA
TO

15/16
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/10/2026 05:07:16 pm )

WP(MD) NO. 30971 of 2024
1. The Director General of Police,
Director General of Prisons and Correctional Services,
Whannels Road,
Egmore,
Chennai - 600 008.
2. The Member Secretary,
Tamilnadu Uniformed Service Recruitment Board,
Old Commissioner of Police Office Campus,
Pantheon Road, Egmore
Chennai - 600 008.
3. The Superintendent of Police
Nagerkovil,
Kanyakumari District.
RAJNISH PATHIYIL, J.
KSA
Order in
WP(MD) NO. 30971 of 2024
16/16
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/10/2026 05:07:16 pm )

WP(MD) NO. 30971 of 2024
16.10.2026
17/16
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/10/2026 05:07:16 pm )