primary law

Amendment to the Special Rules for the Tamil Nadu Fire Subordinate Service

The Government of Tamil Nadu, Home (Police-XVII) Department, issued G.O. Ms. No.386 dated 14 September 2021 to amend the Special Rules for the Tamil Nadu Fire Subordinate Service. The amendment sets criminal case eligibility conditions for direct recruitment, including how pending cases, certain acquittals and cases treated as mistakes of fact affect appointment.

Category
Gazette notifications
Pages
2
Status
In force
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What the amendment does

G.O. Ms. No.386, issued by the Government of Tamil Nadu, Home (Police-XVII) Department on 14 September 2021, inserts a new subrule after subrule (2) of rule 5B of the Special Rules for the Tamil Nadu Fire Subordinate Service. The notification was published as No. SRO-B 49/2021 in the Tamil Nadu Government Gazette.

The amendment was made by the Governor of Tamil Nadu under the Tamil Nadu Fire Service Act, 1985, read with the proviso to Article 309 of the Constitution of India.

Who is affected

The amendment to the Special Rules for the Tamil Nadu Fire Subordinate Service applies to people seeking appointment to the service through direct recruitment. It also guides the appointing authority when assessing a candidate's involvement in a criminal case during police verification.

The notification does not govern land, buildings, ownership, registration, planning permission or property transactions. It therefore has no stated effect on a person merely buying, selling or owning property in Tamil Nadu.

Key provisions

The new recruitment condition provides that:

  • A person is not eligible for direct recruitment unless the appointing authority is satisfied that the person has not been involved in any criminal case before police verification.
  • A person acquitted or discharged because of the benefit of doubt is treated as having been involved in a criminal case.
  • A person acquitted or discharged because the complainant turned hostile is also treated as having been involved in a criminal case.
  • A person with a criminal case pending at the time of police verification may later be treated as not involved if the case ends in an honourable acquittal or is treated as a mistake of fact.
  • A person whose pending case later ends in an honourable acquittal or is treated as a mistake of fact can claim a right to appointment only by participating in the next recruitment.

Practical significance

G.O. Ms. No.386 dated 14 September 2021 makes the outcome and timing of criminal proceedings important for direct recruitment to the Tamil Nadu Fire Subordinate Service. It distinguishes an honourable acquittal or mistake of fact from an acquittal based on benefit of doubt or a hostile complainant.

This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.

Common questions

Does this notification affect my land or property purchase in Tamil Nadu?

No property or land matter is covered. The notification concerns eligibility for direct recruitment to the Tamil Nadu Fire Subordinate Service.

Can a person with a pending criminal case be appointed through the current recruitment?

If the case is pending during police verification and later ends in an honourable acquittal or is treated as a mistake of fact, the person can claim a right to appointment only by participating in the next recruitment.

Is an acquittal based on benefit of doubt treated as no criminal involvement?

No. The amendment treats a person acquitted or discharged on the benefit of doubt as a person involved in a criminal case.

What happens if the complainant turns hostile?

A person acquitted or discharged because the complainant turned hostile is treated as a person involved in a criminal case.