GOUTAM KUMAR PRAMANIK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present writ petition has been preferred challenging an order dated 17th December, 2015 passed by the respondent no.4 and an order of the District Level Selection Committee (in short, DLSC) as communicated by a memo dated 28th July, 2016.

(2.) Shorn of unnecessary details the facts are that having emerged to be successful in a written test and interview, the petitioner was provisionally selected to the post of a panchayat karmee under Gokulpur Gram Panchayat by a memo dated 17th January, 2006. Thereafter, he along with thirteen others was deputed to perform election duty at the Patashpur area by a memo dated 17th April, 2006. As indicated in the memo dated 17th January, 2006 the petitioner filled up the verification roll form within the time as directed. Surprisingly thereafter, no letter of appointment was issued to the petitioner. Aggrieved thereby, the petitioner preferred a writ petition being WP 2083 (W) of 2007. The same was disposed of by an order dated 15th October, 2015 directing the respondent no.4 to consider the representation submitted by the petitioner for appointment. Pursuant to the said order the respondent no.4 passed an order on 17th December, 2015 observing inter alia that the final decision needs to be taken by the DLSC as constituted by a notification dated 6th January, 2006. Thereafter by a memo dated 28th July, 2016 the said respondent no.4 intimated the petitioner that the DLSC, upon considering the petitioner's representation and the legal opinion of the Government Pleader, Purba Medinipur, rejected the petitioner's claim observing that as the validity of the original panel has expired, as police verification report is not received till date and as new notification has been published and applications have been received, the original panel cannot be revived.

(3.) Mr. Thakur, learned advocate appearing for the petitioner submits that the petitioner's appointment was initially withheld since three criminal cases were pending against him. After the verification form was filled up by the petitioner, the same was forwarded to the Superintendent of Police, DIB Purba Medinipur by the respondent no.3 vide memo dated 31st January, 2006 and upon considering the same the Deputy Inspector General of Police, IB, West Bengal by a memo dated 22nd May, 2006 intimated the respondent no.3 that "no opinion over the suitability or otherwise of the subject or his employment can be given from this end till finalisation of the cases".