: Dealing with an 'unfortunate' case of a man not getting selected as constable for hiding his alleged involvement in a petty crime, Madras High Court bench today suggested that the state government amend the Tamil Nadu Special Police Subordinate Service rules which prohibit even candidates facing such cases from being recruited.
Dismissing a petition filed by one Lakshmanaperumal, Justice S Nagamuthu said people at the helm of affairs should realise that one of the salutary aims of criminal law is to reform the individual who has deviated from law and restore them to the mainstream.
If the future of a person could be doomed by mere inclusion of his name as an accused in a petty case, the result would be disastrous, the judge said.
"Nowadays complaints are made out of animosity or enmity. Later on it may turn out that the case is false. But for this reason an individual should not be shown the door when he seeks employment. It should be based on the offence in which one is involved," he said.
The judge pointed out that since the validity of Rule 14(b)(IV) of TNSPSS had been upheld by the TNSPSS rules last year by a larger bench of the High Court, he could not allow the present petition.
He suggested that the state Government consider amending rules by which a screening committee could be constituted to go into the antecedents of individual applicants and then decide whether she or he was fit for appointment.
The copy of the Judgement would be sent to the Law secretary and State law commission for initiating appropriate action, the judge said.
The petitioner submitted he had passed the written exam and physical test, but his candidature was rejected for his 'involvement' in a criminal case. He contended he was not arrested and remanded to judicial custody as claimed by the recruitment board.
The Judge noted the petitioner was not named in the FIR. But later after chargesheet was filed he was called to the Court. He was never arrested nor remanded and was honourably acquitted.
"This is an unfortunate case," the Judge said,dismissing his plea to direct the Recruitment Board to select him.
