SAMIR KUMAR HALDER Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India which challenges an order dated May 17, 2013 passed by the Executive Officer, Burdwan. By the said order, the Executive Officer, terminated the service of the writ petitioner, after he appointed pursuant to due process, admittedly without any disciplinary proceeding. This termination was made by way of cancellation of the appointment of the writ petitioner purportedly because he had suppressed a material fact about his having been arrested in a criminal case and also because he had undertaken that his appointment was liable to cancelled if any adverse comment is made regarding his antecedents by the police.

(2.) The false statement imputed to be a suppression of fact is regarding the involvement of the petitioner in connection with Memari PS Case No. 18/6 dated 30-01-2006 under section 420/417/492/376-IPC and that the categorical assertion the petitioner was never arrested by any Police Officer is not correct because it is found from the Judgment dated 30-11-2011 passed by the Additional District and Sessions Judge, Fast Track 2nd Court, Burdwan that Sri Samir Halder, Sahayak was arrested and produced before the Hon'ble Court and subsequently granted bail after suffering a considerable period of custody.

(3.) The matter was adjourned from time to time for the learned Advocate for the respondents to come back with instructions. When the instructions arrived and the Affidavit-in-Opposition was filed after condonation of delay, it appeared that the entire casus belli of the respondents pertains to the question mentioned in column 14 of the verification form submitted by him as opposed to the recording made in the judgment and order dated November 30, 2011 passed by the learned Additional Sessions Judge in S.C. 144/08 S.T. 1(12)09. It is in the judgment of the jurisdictional magistrate that the accused persons were arrested and produced before this Court and subsequently they were granted bail after suffering a considerable period of custody.