SAFAUDDIN AHMED Vs. SAKTI PRIYA CHATTERJEE

JUDGEMENT

(1.) The above contempt proceeding perhaps is the last stage of legal battle of the petitioner in quest of getting employment in the Kolkata Police establishment for the present proceeding is brought by the petitioner alleging wilful disobedience to or of violation of order dated 27th January, 2008 passed by the Division Bench of this Court in W.P.S.T. No.154 of 2004 (Safauddin Ahmed v. State of West Bengal & ors.) by directing the petitioner to go for endurance test although it had been taken by the petitioner earlier, and by not taking decision for appointment on the basis of the order passed by this Hon'ble Court and taking note of the height as recorded in the order dated 27th June, 2008. The history of legal battle of the petitioner is shortly put hereunder in order to appreciate the background of this contempt proceeding.

(2.) In the year 1994 on his name being sponsored by the local employment exchange for taking part in the selection process for the post of Constable in Calcutta Police the petitioner went to the selection site one day in advance. The date of selection was scheduled on 12th August, 1994 however the petitioner reached on 11th August, 1994. He was arrested on 11th August, 1994 on the allegation that he intended to bribe the Assistant Sub-Inspector of Calcutta Police with a sum of Rs.10,000/- for his selection in the said post. Subsequently on 13th August, 1994 he was released. However by that time selection test was over as such he could not participate at that point of time. According to the petitioner such allegations of attempt to bribe was unfounded and he was unnecessarily detained so much so he was prevented from appearing on the date fixed for taking test. The petitioner highlighting the aforesaid case had filed an application under Article 226 of the Constitution of India in this Hon'ble Court, and the Hon'ble Mr. Justice Altamas Kabir (as His Lordship then was) was pleased to pass order on 2nd December, 1997 disposing of the application with direction upon the respondent No.2 to consider the applicant's case for recruitment if he is otherwise eligible.

(3.) The petitioner contended that he was 23 years old on 12th August, 1994 being the date of interview. Pursuant to the said order a letter dated 24th July 1998 was issued to the petitioner to appear on 4th August, 1998 for selection before Selection Board of Police Training School, 247, A.J.C. Bose Road, Calcutta-700 027 with testimonials in original to support his date of birth and educational qualifications in connection with recruitment to the post of Constable/Sepoy in Calcutta Police. He was also asked to take canvas shoes and the recent passport size photograph duly attested with him positively for physical efficiency test etc. The petitioner, thereafter appeared and according to him he had undergone the physical efficiency test and other tests but he was then declared overaged and also was found to be inch short in height. Challenging the aforesaid rejection of the candidature the petitioner filed a fresh writ petition in this Hon'ble High Court being W.P. No. 236 (W) of 1998 which however, was transferred to the learned State Administrative Tribunal (hereinafter Tribunal in short). The learned Tribunal on being transferred on 1st February, 2002 disposed of the said pending writ application by the following orders:-