Bhaskar Bhattacharya, J. - (1.) This application under Article 226/227 of the Constitution of India is at the instance of an unsuccessful applicant under section 19 of the Administrative Tribunals Act and is directed against order dated 14th September, 2006 passed by the West Bengal Administrative Tribunal in O.A. No. 2404 of 2006 thereby rejecting the application filed by the writ petitioner against the reasoned order passed by the Deputy Commissioner of Police, Headquarter, Kolkata pursuant to an earlier order passed by the Tribunal.
(2.) The facts giving rise to filing of this application may be summed up thus: (a) The writ petitioner appeared at the interview in the Calcutta Police for the post of Constable/Sepoy (Driver) and after such interview, was asked to appear at the Medical Board, but, notwithstanding clearance by the Medical Board, no appointment letter had been issued in his favour. (b) In column No. 13 of the verification-roll filled up by the petitioner, he answered 'no' against the column which demanded the following query: "Have you ever been arrested, detained or convicted by a Court of any offence? If the answer is 'yes', the full particulars of the arrest or detention or conviction and the sentence should be given". (c) In the year 1997, in connection with an incident took place in the area where the writ petitioner resides, a case being Salanpur P.S. Case No. 73 of 1997 was started on 16th August, 1997 under section 379/304A of the Indian Penal Code with section 30(2) of the C.M.M. Act, 1973. The writ petitioner apprehending arrest in relation to the said case filed an application for anticipatory bail before the learned Court of Sessions Judge, Burdwan, being Misc. Case No. 2079 of 1997 and was granted anticipatory bail. (d) Ultimately, by the order dated 5th April, 2003 all the accused persons including the petitioner were acquitted as the prosecution could not prove the case. (e) As the petitioner did not get any appointment letter although he passed through the medical test, in the past, he filed another application under section 19 of the Administrative Tribunals Act before the Tribunal alleging inaction on the part of the respondent authority in not giving appointment. Such application was disposed of by directing the Deputy Commissioner of Police, Headquarter, Kolkata, to pass a reasoned order. (f) Pursuant to such direction given by the Tribunal, the Deputy Commissioner of Police, Headquarter, Kolkata, by a reasoned order, disclosed that as the writ petitioner suppressed the fact that he was involved in a criminal case under section 379/304A of the Indian Penal Code by deliberately writing 'no' in column No. 13, due to such suppression of material fact, the police authority decided not to appoint him. (g) Being dissatisfied with the aforesaid reasoned order, the petitioner approached the Tribunal for the second time and the Tribunal, by the order impugned herein, has refused to interfere with the order passed by the Deputy Commissioner, Headquarter, Kolkata Police.
(3.) Being dissatisfied, the writ petitioner has come up with the present application.;