PARTHA SARATHI SINHA Vs. THE STATE OF WEST BENGAL AND ORS.
LAWS(CAL)-2015-8-11
HIGH COURT OF CALCUTTA
Decided on August 06,2015

Partha Sarathi Sinha Appellant
VERSUS
The State of West Bengal and Ors. Respondents

JUDGEMENT

- (1.) The petitioner applied for the post of Sergeant in Calcutta Police in the year 1998. He passed the written test as well as the interview and was provisionally selected to the said post in the year 2000 after being found physically fit. The petitioner's selection was subject to verification of his character and antecedents by the local police. The Verification Roll submitted by the petitioner revealed that he was involved in a criminal case being Bowbazar P.S Case No. 108 dated 06/4/2000 under Sections 120 B/420/170/415 of the I.P.C. He was therefore not given appointment. On 06/12/2003 the petitioner was acquitted of the offences in the aforesaid criminal case being G.R. No. 1183 of 2000 whereafter he submitted a representation before the Deputy Commissioner of Police (Head Quarters) Kolkata for considering his appointment. In compliance with the order dated 09/6/2004 of the State Administrative Tribunal in O.A No. 989 of 2001 the Deputy Commissioner of Police, Kolkata gave a personal hearing to the petitioner regarding his representation which was rejected by an order dated 26/8/2004 the operative part of which is as follows: "After careful consideration of the facts, circumstances and merit of the case, and also after due application of mind as well as taking all aspects of natural justice, in view of the Hon'ble Tribunal's order in the instant matter. I find no scope to consider his case for appointment to the post of Sergeant in Kolkata Police at this stage. Hence, his prayer is considered and rejected."
(2.) The petitioner challenged the aforesaid order of the Deputy Commissioner of Police (Head Quarters) Kolkata (respondent no. 3) before the State Administrative Tribunal in O.A No. 1353 of 2006 which was dismissed vide order dated 14/1/2010 the concluding part of which is quoted hereunder: "Following the submissions of the learned Advocates of both sides and in view of the clear observation of the Hon'ble Supreme Court as indicated above, we find that the answer to this application would be in the negative. The application accordingly stands dismissed.
(3.) Aggrieved, the petitioner approached this Court against the order dated 14/1/2010 of the Tribunal.;


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