STATE OF WEST BENGAL Vs. NAZRUL ISLAM

JUDGEMENT

(1.) Leave granted.

(2.) This is an appeal against the order dated 14.09.2010 of the Division Bench of the Calcutta High Court in W.P.S.T. No.1911 of 2008.

(3.) The facts very briefly are that on 26.07.2007 the Police Directorate of West Bengal notified recruitment of Constables in the West Bengal Police from Howrah District. The name of the respondent was sponsored by the Employment Exchange, Uluberia, Howrah, for recruitment as Constable and on 17.09.2007 the provisional select list was notified in which the respondent's name found place at serial no.76. The respondent appeared before the Medical Board and was found medically fit. On 28.09.2007, the respondent was supplied a Verification Roll for verification of his antecedents and the respondent filled the Verification Roll and submitted the same to the Reserve Officer, Howrah, on 29.09.2007. The Verification Roll of the respondent was sent to the District Intelligence Branch, Howrah, on 08.10.2007. In the course of enquiry, it came to light that he was involved in a criminal case involving offences under Sections 148/323/380/427/596, IPC, in Bagnan PS Case No.97 of 2007 and after investigation, the charge-sheet had already been filed in the Court of the Additional Chief Judicial Magistrate, Uluberia, Howrah, and that the respondent had surrendered before the Court and had been granted bail. All these facts, however, had been concealed in column no.13 of the Verification Roll submitted by the respondent in which he was required to state whether he was ever arrested, detained or convicted. The authorities, therefore, did not appoint the respondent as a Constable.