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2025 DAILYLAW 189646 (MAD)

B.JINKUMAR v. STATE OF TAMILNADU

WP/45904/2025 · 2025-11-28

G K Ilanthiraiyan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.No.45904 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 28.11.2025 CORAM THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.45904 of 2025 B.Jinikumar .... Petitioner Vs 1.State of Tamil Nadu, Represented by Secretary to Government, Home Department, St.George Fort, Chepauk, Chennai. 2.Director General of Police, Mylapore, Chennai-600004. 3.Commissioner of Police, Greater Chennai City Police, Vepery, Chennai-600007. 4.Additional Commissioner of Police, Traffic Chennai, Vepery, Chennai-600007. 5.Joint Commissioner of Police, Traffic (South), Vepery, Chennai-600007. Page 1 of 8 https://www.mhc.tn.gov.in/judis W.P.No.45904 of 2025 6.Assistant Commissioner of Police, Traffic Planning, Vepery, Chennai-600007. 7.Assistant Commissioner of Police, Traffic Flower Bazaar Range, Elephant Gate, Chennai-600108. 8.Assistant Commissioner of Police, Traffic Investigation (South), Ashok Nagar, Chennai-600083. 9.The Chairman, Tamil Nadu Uniformed Services Recruitment Board, Egmore, Chennai-600008. .... Respondents Prayer:- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Certiorarified Mandamus, calling for the proceedings of the 4th Respondent 07.05.2025 passed in Na.Ka No.Pa.Pi3/Traffic/332/7335/2025 quash the same and direct the 4th Respondent to issue the NOC to the petitioner enabling him to apply for the Recruitment of Sub-Inspectors of Police (Taluk and AR) for the year 2025 in 20 percentage department reservation quota and consequentially direct the 9th respondent to allow the petitioner to apply for the Recruitment of Sub-Inspector of Police (Taluk and AR) for the year 2025 in 20 percentage department reservation quota. For Petitioner : Ms.A.B.Fathima Sulthana For Respondents : Mr.V.Jeevagiridharan Additional Government Pleader for R1 to R8 Mrs.D.Sowmi Datton Standing Counsel for R9 https://www.mhc.tn.gov.in/judis W.P.No.45904 of 2025 ORDER This Writ Petition has been filed challenging the order dated 07.05.2025 on the file of the fourth respondent thereby rejected the request seeking no objection certificate to enable the petitioner to apply for the post of Sub Inspector of Police under the department quota as in service candidate. 2. The petitioner was appointed as Grade II Police and is now promoted to the post of Head Constable and working in B-3, Traffic Wing, Fort Chennai. While being so, his wife lodged complaint alleging some matrimonial issues before the All Women Police Station, Flower Bazaar Police Station. The said complaint was enquired and closed. Subsequently, the petitioner’s wife lodged another complaint before the fourth respondent and the enquiry is now pending. On the strength of the complaint, the petitioner was served with charge memo, consisting two charges as follows: Fw;wr;rhl;L 1 fle;j 11/11/2024 md;W ckJ kidtp ck;kPJ mspj;j g[fhh; kD kPJ eltof;if vLf;Fk; bghUl;L. tprhuiz nkw;bfhz;l tprhuiz mjpfhhpaplk; tprhuizf;F xj;JiHg;g[ https://www.mhc.tn.gov.in/judis W.P.No.45904 of 2025 mspf;fhkYk;. tprhuiz mjpfhhpf;F chpa khpahij juhkYk;. fz;zpa Fiwthf ele;J bfhz;lJld;. tprhuiz mjpfhhpia ePjpkd;wj;jpw;F miHg;ngd; vd mr;Rwj;Jk; tpjkhf ngrp kphpl;ly; tpLj;j xG';fPdkhd elj;ijia ck;kPjhd KjyhtJ Fw;wr;rhl;lhFk;/ Fw;wr;rhl;L 2 xGf;fKk; fl;Lg;ghLk; epiwe;j fhty;Jiwapy; jiyik fhtyh; epiwapy; cs;s ePtPh; kw;w fhty ; Mspdh;fSf;F vLj;Jf;fhl;lhft[k;. Kd;khjphpahft[k ; fz;zpaj;Jld ; flikahw;w ntz;oath;. XG;fw;w KiwapYk; fhty; ed;elj;ij tpjpfSf;F Kwzhf bray;gl;L jkpH;ehL fhty; rhh;g[ gzpahsh;fs; ed; elj;ij tpjpfs; 1964 y; cs;s tpjp 24 I kPwpa xG';fPdkhd bray; ck;kPjhd ,uz;lhtJ Fw;wrhl;lhfk;/ 3. In order to apply for the post of Sub Inspector of Police, under the Department quote as in service candidate, the petitioner ought to have obtained no objection certificate from the Superior Officer namely the fourth respondent herein. However, the said request was rejected on the ground that already enquiry is pending as against the petitioner and the petitioner was also served with charge memo. Page 4 of 8 https://www.mhc.tn.gov.in/judis W.P.No.45904 of 2025 4. On perusal of the complaint and also the charges as stated supra, the enquiry is pending in respect of family disputes between the petitioner and his wife. In fact, the earlier complaint lodged by his wife was closed and no FIR has been registered so far. Even now, no FIR has been registered as against the petitioner for the family disputes. Simply the petitioner’s wife lodged complaint alleging some family disputes and lodged before the fourth respondent. On receipt of the same, the fourth respondent being the Superior Officer to the petitioner, is conducting enquiry and it is pending. Therefore, mere pendency of the said enquiry and on the strength of the said complaint, the petitioner was issued charge memo are not impediment for the fourth respondent to issue no objection certificate to participate in the selection process of the post of Sub Inspector of Police under departmental quota. 5. In view of the above, the impugned order dated 07.05.2025 is quashed. The fourth respondent is directed to issue no objection certificate to the petitioner to participate in the selection process of the post of Sub Inspector of Police under the department quota as in service candidate forthwith. It is also made clear that now the written examination has been postponed to 21.12.2025 and the fourth respondent https://www.mhc.tn.gov.in/judis W.P.No.45904 of 2025 is directed to permit the petitioner to write the examination on 21.12.2025 by issuance of no objection certificate. 6. The writ petition is allowed. There will be no order as to costs. Consequently, connected WMP No.51181 of 2025 is closed. 28.11.2025 Internet : Yes Index : Yes/No mrn To 1.The Secretary to Government, State of Tamil Nadu, Home Department, St.George Fort, Chepauk, Chennai. 2.Director General of Police, Mylapore, Chennai-600004. 3.Commissioner of Police, Greater Chennai City Police, Vepery, Chennai-600007. 4.Additional Commissioner of Police, Traffic Chennai, Vepery, Chennai-600007. Page 6 of 8 https://www.mhc.tn.gov.in/judis W.P.No.45904 of 2025 5.Joint Commissioner of Police, Traffic (South), Vepery, Chennai-600007. 6.Assistant Commissioner of Police, Traffic Planning, Vepery, Chennai-600007. 7.Assistant Commissioner of Police, Traffic Flower Bazaar Range, Elephant Gate, Chennai-600108. 8.Assistant Commissioner of Police, Traffic Investigation (South), Ashok Nagar, Chennai-600083. 9.The Chairman, Tamil Nadu Uniformed Services Recruitment Board, Egmore, Chennai-600008. Page 7 of 8 https://www.mhc.tn.gov.in/judis W.P.No.45904 of 2025 G.K.ILANTHIRAIYAN, J. mrn W.P.No.45904 of 2025 28.11.2025 https://www.mhc.tn.gov.in/judis