(1.) The present writ petition has been filed challenging the order dtd. 5/4/2016, whereby the appointment of the petitioner for the post of Constable in the Railway Protection Force/ Eastern Railway had been forfeited, inter alia, on the ground of non-disclosure of a pending police case in the attestation form dtd. 11/6/2014 submitted during the viva voce. The petitioner had participated in a recruitment process vide Employment Notice No. 01/2011, issued by the Railway Protection Force/ Eastern Railway for the post of Constable. Having become successful, the petitioner was called for viva-voce on 13/6/2014 and in terms of the call letter issued by the Railway Protection Force of even date the petitioner had duly appeared before the authorities. Having succeeded in the viva voce, the petitioner was called for training of Constable Recruits in Railway Protection Force vide notice dtd. 15/10/2014 and was required to report to the Railway Protection Force Training Centre, Domohani, Mainagudi, New Jalpaiguri, West Bengal along with other successful candidates. It is the petitioner's case that he had successfully completed the training and was waiting for his posting orders when he received a discharge letter dtd. 5/4/2016, thereby, discharging the him from enlistment for the post of Constable in Railway Protection Force/ Eastern Railway, inter alia, on the ground of providing false declaration in the attestation form dtd. 11/6/2014. After receipt of the aforesaid notice, the petitioner had made a representation on 25/4/2016 which was not adhered to. Thereafter, the present writ petition has been filed on 20/5/2016.
(2.) Mr. Majumder, learned advocate representing the petitioner submits that the respondents had mechanically dismissed the petitioner from service without taking note of the order of acquittal passed in the criminal case.
(3.) By drawing attention of this Court to the judgment and order dtd. 29/9/2015, passed by the Assistant Sessions Judge, Ranaghat, submits that since, the prosecution had failed to prove that the accused persons had committed any offence, the learned Assistant Sessions Judge was, inter alia, pleased to conclude that the accused persons are not guilty of the charges levelled against them. The petitioner was only a co-accused and in connection with a false complaint lodged against the petitioner regarding a dispute with his neighbor and on the basis of the aforesaid a criminal case was proceeded with.