SANKAR MANDAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition has been filed, inter alia, challenging the order dtd. 5/1/2016, whereby, the appointment of the petitioner for the post of Constable in the Railway Protection Special Force had been forfeited, inter alia, on the ground of non-disclosure of a pending police case in the Attestation Form dtd. 17/6/2014. The petitioner had participated in a recruitment process vide Employment Notice No. 01/2011, issued by the Railway Protection Force, for the post of Constable. Having become successful, the petitioner was called for training and was required to report to the SSB ATC Debandra nagar, Sonitpur, Assam, on 1/11/2014, along with other successful candidates. It is the petitioner's case that he had successfully completed his training and was posted at the 8th Battalion, Railway Protection Special Force CLW at Chittranjan where he also successfully completed his practical training. Unfortunately for the petitioner, he received a discharge letter dtd. 5/1/2016, thereby, discharging him from enlistment for the post of Constable in Railway Protection Special Force, inter alia, on the ground of providing false declaration in the Attestation Form dtd. 17/6/2014. Challenging the order of discharge the present writ petition has been filed on 22/2/2016.

(2.) It is the petitioner's case that the respondents had mechanically dismissed the petitioner from service without taking note of the order of acquittal passed in the criminal case wherein the petitioner was a co-accused.

(3.) Mr. Majumder, learned advocate representing the petitioner, by drawing attention of this Court to the judgment and order dtd. 5/9/2014, passed by the Additional Chief Judicial Magistrate, Baruipur, submits that since, the prosecution had failed to prove that the accused persons had committed any offence, the learned Additional Chief Judicial Magistrate 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 in connection with a false complaint lodged against the petitioner relating to a dispute with his neighbor and on the basis of the that the aforesaid criminal case was proceeded with.