Single bench dismissed a writ petition against an Administrative Tribunal order rejecting the petitioner's employment due to suppression of a charge sheet and delay in filing.
Dismissal of Writ Petition without any order as to costs
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DL-1
01.09.2023 Court No.5 (AD)
WP.ST 123 of 2023
Sk. Farjul Vs. The State of West Bengal & Ors.
Ms. Salma Sultana Shah
… for the petitioner.
The writ petition is directed against an order dated March 15, 2019 passed by the West Bengal Administrative Tribunal in OA-222 of 2015.
There is unexplained delay in preferring the writ petition. The order impugned is March 15, 2019. The writ petition was affirmed on August 22, 2023.
That apart, the writ petitioner participated in a selection process. In the police verification form, in reply to a query whether the writ petitioner was convicted by a Court or suffered any charge sheet by the police in connection with any criminal proceeding or not, he answered in the negative. Charge sheet in a criminal proceeding was issued as against the writ petitioner in 2008. The police verification form was filled in 2012.
Writ petitioner undoubtedly suppressed material fact with regard to a charge sheet in respect of a criminal proceeding which he suffered prior to the submission of the form.
On such ground, the writ petitioner was found to be unsuitable in the employment.
2
The Tribunal noted such fact and dismissed the writ petition.
We find no ground to interfere with the impugned order.
WP.ST 123 of 2023 is dismissed without any order
as to costs.
(Debangsu Basak, J.)
(Md. Shabbar Rashidi, J.)
3
3 issues framed by the court
Whether the High Court should interfere with the Tribunal's order dismissing the petition on grounds of suppression of material fact regarding a past charge sheet.
Whether unexplained delay in filing the writ petition and suppression of criminal history justify dismissal.
Whether the petitioner's participation in police verification with false negative response regarding charge sheet bars him from employment.
Sk. Farjul
The State of West Bengal
Debangsu Basak
Md. Shabbar Rashidi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
