- (1.) NAME of the petitioner, along with others, was sponsored by the concerned employment exchange for consideration in connection with recruitment to the post of Sahayak in Ghonga Gram Panchayat within purullia II Development Block. It is claimed by the petitioner that on the basis of the test/examination conducted by the selectors, he secured the first position in the panel. It is further claimed by him that he had truly and correctly filled up the verification roll; yet, the respondents are sitting tight and have not offered him appointment.
(2.) FEELING aggrieved by the action of the respondents in withholding the offer of appointment, the petitioner has invoked the writ jurisdiction of this Court for a direction on the District Magistrate, Purulia and ex-officio member Secretary of the concerned District Level Selection committee, respondent No. 3 to offer appointment to him. Column 14 of the verification roll filled up by the petitioner and the declaration thereunder reads thus : "14) Have you ever been arrested detained or convicted by a court for any offence? If answer is "yes" the full particulars of the arrest or detention or conviction and the sentence should be given. No i certify that the forgoing information is correct and complete to the best of my knowledge and belief. I am not aware of any circumstances which might impair my fitness for employment under ghonga Gram Panchayat (Panchayat body concerned ). I also declare that I shall be liable to be punished in any lawful manner including dismissal from the service of the Panchayat sahayak without any further proceeding if any of the relevant information furnished in the foregoing roll is proved to be false, incorrect or incomplete impairing any eligibility for the employment offered to me".
(3.) IT is not in dispute that the petitioner is an accused in Purulia (M) P. S. Case No. 62106 dated 6. 5. 06 under sections 498a/406/34 of the indian Penal Code, and 3/4 of the Dowry Prohibition Act. It is further not in dispute that on an application filed by the petitioner under section 438 of the Code of Criminal Procedure (hereafter the Code), the Sessions judge, Purulia by his order dated 20. 5. 06 allowed his prayer with a direction on him to surrender before the Court of the Chief Judicial magistrate, Purulia within 21 days from date of the order. It is also indisputable that on 5. 6. 06 the petitioner having surrendered before the concerned Magistrate and having prayed for bail, he was taken into judicial custody and remanded in judicial custody till 19. 6. 06, and that on perusal of the bail application and in view of the order dated 20. 5. 06 passed by the Sessions Judge, he was released on regular bail. The criminal case is stated to be pending.;