TARAKNATH BHANDARI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitions have been filed by the petitioners assailing the common order dated 20th September, 2012 passed by the West Bengal Administrative Tribunal in the Original Application Nos. 1125 and 1126 of 2011 whereby and whereunder the said learned Tribunal disposed of the applications filed by the petitioners, holding that the authorities rightly did not allow the petitioners to join training and accordingly no question of their appointment would arise. Going through the records, we find, that the petitioners were recruited as constable in the West Bengal Police being sponsored by Diamond Harbour Employment Exchange and were sent to COSAP 8th Battalion, Barrackpore for training on 26th May, 2004. However, discrepancy was detected in the date of birth on comparison of the Verification Roll Forms filled in by the said petitioners with the entries in the Employment Exchange at the time of registration of their names. Accordingly, the COSAP, 8th Battalion, Barrackpore sent the petitioners back. The matter was enquired thoroughly by DIB and the said DIB found that the petitioners did not study in their respective schools and by producing fake and forged documents manage to enroll their names in the employment exchange which sponsored their candidature for appearance in the recruitment process.

(2.) The Reserve Office Inspector (ROI), Alipore on 10th August, 2004 lodged an FIR against both the petitioners under Sections 468 /471 /420 of the Indian Penal Code. After full-fledged trial in the Court of Learned Additional Chief Judicial Magistrate, Diamond Harbour, wherein several witnesses were examined and documents were produced on behalf of the prosecution, the petitioners were found not guilty of the said offences under Sections 468 /471 /420 of the Indian Penal Code and were acquitted from the case. After acquittal, the petitioners submitted representation for allowing them to join as Constable, but their prayers, having not been considered, they filed separate applications before the West Bengal State Administrative Tribunal. The Learned Tribunal by the impugned common order disposed of the applications.

(3.) At the outset, Mr. Mukherjee, learned Advocate appearing on behalf of the respondents submits that the petitioners were not allowed to join the training school and their names were struck off under rule 750 of the Police Regulations of Bengal. According to Mr. Mukherjee the petitioners not having challenged such order, no relief whatsoever could be granted to them. However, such contention was not made before the learned Tribunal nor has the same been raised in the four corners of the affidavit-in-opposition filed by the state-respondents.