AMRITA SINHA,J. - (1.) The petitioner was a constable recruit in the Eastern Railway.
(2.) The petitioner applied for the job in response to the Employment Notice no. 1/2011. After being successful in the selection he was sent for initial training on 1st November, 2014 and the training completed on 15th June, 2015. The petitioner was directed to report at the RPF, Eastern Railway Head Quarter, Kolkata on 25th June, 2015. By a communication dated 11th August, 2015 the petitioner was discharged from enlistment as it was revealed that he did not disclose the criminal cases that were pending against him in the attestation form dated 24th June, 2014 which was submitted by him during the viva voce test. The respondents invoked the provision of Rule 67.2 of the RPF Rules, 1987 and discharged him from enlistment with immediate effect as the action of the petitioner amounted to submitting false declaration in his attestation form. The detail of the criminal case pending against the petitioner was mentioned in the discharge letter.
(3.) The petitioner submits that some times in the year 2007 a complaint was lodged against his family members on the allegation of cutting down of paddy from land. On the basis of the said complaint the police registered a case under Section 447/448/323/325/506/34 of the Indian Penal Code. A charge sheet was submitted, a full-fledged trial was held and by a judgment dated 2nd December, 2015 the learned Magistrate disposed of the said case by holding that the accused persons were not found guilty of the offence and acquitted them from the said case.;