N. K. Batbayal, J. - (1.) The father of the writ petitioner Sudhir Chandra Das was working in the Dhubalia Unit of the Refugee, Relief and Rehabilitation Directorate under the State Govt. He died in harness at the age of fifty leaving his wife, two married daughters and three sons. The petitioner is the eldest son. On compassionate ground, the petitioner was appointed as an orderly-Peon by an order dated 6th March, 1990 in the R.R.R. Dept. and was posted in the Office of the Directorate (Rehabilitation), Govt. of W.B., at 10, Camac Street, Calcutta. A xerox copy of the said appointment letter has been annexed with the writ petition and marked as letter-A. All of a sudden the petitioner received an order on 2nd February, 1991, the memo No. 140/9/RC-dated 2nd December, 1991, issued by the Commissioner, Refugee, Relief and Rehabilitation, Govt. of W.B. whereby the services of the petitioner were terminated with effect from 2nd February, 1991 without showing any reason. A xerox copy of the said order terminating the service of the petitioner is annexed with the writ petition and marked as letter-'B'. According to the petitioner the order of the respondent No.2 dated 2nd February, 1991, marked annexure 'B' to the Writ petition terminating the service of the petitioner is illegal, arbitrary, mala fide, motivated and is therefore, liable to be set aside. The petitioner has therefore, come before this Court for the following reliefs : a) A writ in the nature of mandamus commanding the respondents and of their agents and servants to withdraw, cancel, rescind or forbear from giving effect of further effect to the impugned memo dated 2nd February, 1991 marked annexure-B to the writ application ; b) A writ in the nature of the certiorari directing the respondents to certify and transmit to the court records and documents pertaining to the issue of the impugned notice of termination of service and other reliefs ;
(2.) In the affidavit-in-opposition filed on behalf of the respondent Nos. 1-4, it has been stated that the services of the petitioner were terminated on the basis of the police verification report in pursuance of the Government policy as contained in Home (Political Department) G.O. No.2646-P.S. dated 15-12-78 and G.O. No. 936-P.S. dated 13-6-79. It has been further stated that the employment was given to the petitioner on compassionate ground on ad hoc basis subject to satisfactorily police verification report. The service of the petitioner was terminated when it was reported by the police verification authorities that the petitioner was involved in connection with a kotwali P.S.Case which was then pending. A copy of the said police verification report is annexed with the A.O. and marked with the letter-'X'.
(3.) In the affidavit-in-reply the petitioner has stated that it is true that the petitioner was implicated in a criminal case being G.R. case No. 1278 of 1989, T.R. No. 21 of 1990 under section 147, 448, 323 IPC and he had been acquitted from the said criminal case by the order dated 10th May, 1991 by the Court of Ld. Judicial Magistrate, 2nd Court, Krishnanagar.A xerox copy of the certified copy of the order of the said court has been filed with the reply and marked as annexure-'P'. The petitioner has further stated that he has not been involved in any other criminal case in his life excepting the one as mentioned in the affidavit-in-opposition but he has been acquitted by the Court. There is no other criminal case pending against him in any court.;