Ananda Sen, J. - (1.) In this writ petition, the petitioner has prayed for quashing the order of dismissal passed in departmental proceeding No. 15 of 2013 dated 13.7.2014, and quash the order dated 4.8.2015 contained in Memo No. 952 whereby, the Appellate Authority has been pleased to reject the appeal of the petitioner. Further, a prayer has also been made to quash the order dated 30.8.2017 as contained in Memo No. 205/D, whereby, the Revisional Authority rejected the revision, filed by this petitioner. Further, prayer has also been made to reinstate the petitioner in service after quashing all the orders impugned and also to pay him back wages.
(2.) The petitioner was appointed in Police Department as a constable driver on 30.4.2012 vide Memo No. 1559. On 09th January, 2013, he was served with a notice alleging therein that he suppressed material facts at the time of entry in service, as he had a criminal background and this conduct is objectionable for which, a clarification has been sought for. He replied on 11.1.2013. As his reply was found unsatisfactory, the petitioner was suspended and a departmental proceeding was initiated vide Memo No. 180 dated 18.1.2013. The charge against the petitioner was that he had suppressed the material fact as he had not informed the authority concerned about Majhiaon Police Case No. 115/2008 registered against him under Sections 413 and 414 IPC r/w Section 17 of the CLA Act and under Section 3 of the RPUP Act. The suppression of the aforesaid fact as per the respondent authorities amounts to misconduct.
(3.) The plea of the petitioner is that he was under an impression, as given by the Advocate that until and unless, the order of punishment is passed, he cannot be treated as an accused only on the basis of registration of FIR. He further submits that because of the aforesaid misconception and mistake, he has not reported the matter.;