Directed the appellant no. 2, i.e., the Superintendent of Police to appoint the respondent as constable in the West Bengal police force. (Para 1)
As per the police verification report sent by the local Police Station, it was alleged that the respondent was implicated in a criminal case bearing Case No. 124 of 2007, dated 03.08.2007, registered at Kakdwip Police Station. After investigation, charge-sheet was filed on 31.08.2007, whereafter, the trial was pending at the time of his interview and physical test. The police report further indicated that the respondent was granted anticipatory bail on 16.08.2007 and regular bail on 27.08.2007. (Para 2)
That the respondent had suppressed material information regarding his involvement in a pending criminal case. (Para 3)
The Authorities filed their reply and contended that the respondent was involved in a criminal case and despite having knowledge of the same, he had not disclosed the same in the verification roll and suppressed the information about the pending criminal case, hence, he is not suitable for the appointment. (Para 3)
The High Court concurred with the finding of the Tribunal on the issue of suppression of material information and was of the opinion that because the respondent has not yet been held guilty in the criminal case by the competent Court, therefore, presumption of innocence in his favour still remains. Hence, the appellant was directed to issue the letter of appointment subject to final outcome of the pending criminal case. (Para 5)
We confirm the findings of the Tribunal and the High Court on the issue of suppression of material information. As the respondent was not involved in heinous/serious offence or any offence involving moral turpitude, and the fact that in the said criminal case he has been honourably acquitted, therefore, modifying the order of the High Court, we direct the appellant to consider the case of the respondent and issue order of appointment to the post of constable in West Bengal Police Force within a period of four weeks from the date of passing of this order. Needless to observe that the authorities shall take note of the discussion made herein above and shall exercise their discretion judiciously in assessing the suitability and antecedents of the prospective candidate. It is made further clear that in the event of issuance of the order of appointment, the respondent would only be entitled to notional benefits including continuity in service and pay fixation at par with other similarly situated persons and he would not be entitled for salary and back wages till the date of his appointment. (Para 16)
SUPREME COURT OF INDIA
2023 STPL(Web) 199 SC
[2023INSC754]
State Of West Bengal & Ors. Vs. Mitul Kumar Jana
Civil Appeal No. 8510 of 2011-Decided on 22-8-2023
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