SAMIR KUMAR Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) In this writ petition as filed under Article 226 of the Constitution of India, the writ petitioner has prayed for quashing and/or cancellation of the restoration of termination order as passed by the respondent no.6 vide his office memo no.1707/Pan/X/21/13 dtd. 13/5/2020. By the impugned memo the respondent no.6 decided to uphold the previous termination order as against the present writ petitioner as has been issued vide memo no. 1204/Pan/IV/116/2010 dtd. 17/5/2013 whereby and whereunder the present writ petitioner was terminated from the post of 'Sahayak' on account of his involvement in Memari P.S Case No. 18 of 2006 dtd. 30/1/2006 under Ss. 420/417/493/376 of the Indian Penal Code.

(2.) For effective adjudication of the instant writ petition the facts leading to initiation of the instant writ petition is required to be dealt with in a nut shell. It is undisputed that the present writ petitioner was provisionally selected in the post of Sahayak in Abujhali I Gram Panchayat under district Bardhaman and in his police verification form he filled up column no.14 in the following manner:-

(3.) After joining in the post of 'Sahayak' in the office of the Zila Parisad, Bardhaman it has come to the notice of his employer that the present writ petitioner was involved in the aforementioned P.S case though he was subsequently acquitted from the said case vide judgement dtd. 30/11/2011 as passed by the learned Additional Sessions Judge, Fast Track 2nd Court, Burdhaman in ST 1(12)09/SC 144/2008. The respondent no.6 however found in the said judgement dtd. 30/11/2011 that the present writ petitioner was arrested and produced before the said Court in connection with the said case and subsequently he was granted bail after suffering a considerable period of custody.