LexSTATE OF WEST BENGAL & ORS. versus MITUL KUMAR JANA
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[2023] 11 S.C.R. 613 : 2023 INSC 754 613 CASE DETAILS STATE OF WEST BENGAL & ORS. v. MITUL KUMAR JANA (Civil Appeal No. 8510 of 2011) AUGUST 22, 2023 [J. K. MAHESHWARI AND K. V. VISWANATHAN, JJ.] HEADNOTES Issue for consideration: Whether the High Court erred in allowing the writ petition fi led by the respondent, setting aside the order passed by the Administrative Tribunal and directing the appointment of the respondent as constable in the West Bengal police force. Service Law – Suppression of material information – When not: Held: Information sought in the verifi cation roll was regarding arrest, detention and conviction by a Court in any off ence – In reply to the information asked the respondent gave the answer as “no” – As per the contents of the information sought and as per the answer given by the respondent, he was not required to furnish information regarding pending criminal case – Therefore, supply of such information by the respondent does not fall within the expression ‘suppression of material information’ – Tribunal and the High Court rightly found that it is not a case of suppression of material information – Further, criminal case registered against the respondent were for petty off ences – The allegations were neither of heinous/serious off ences, nor related to an off ence involving moral turpitude – Respondent was honourably acquitted – Considering the subsequent development of the clean acquittal of respondent, it requires consideration objectively by the authority, about the question of fi tness, ignoring the issue of supressing the information – High Court could not have directed the issuance of the letter of appointment and taken away the said discretion of the employer – Order modifi ed – Appellant to consider the case of the respondent and issue order of appointment 614 SUPREME COURT REPORTS [2023] 11 S.C.R. to the post of constable in West Bengal Police Force, exercising the discretion judiciously in assessing the suitability and antecedents.[Paras 10, 12, 14 and 15] Service Law – Pending criminal case, information furnished – Acquittal – Discretion of the employer: Held: Even in case where the information regarding pending criminal case is truthfully furnished and on acquittal therein, an employer has the discretion to consider the antecedents while issuing the letter of appointment.[Para 14] LIST OF CITATIONS AND OTHER REFERENCES Deptt. of Home Secy., A.P. and Others v. B. Chinnam Naidu (2005) 2 SCC 746 : [2005] 1 SCR 1147; Avtar Singh v. Union of India and Others (2016) 8 SCC 471 : [2016] 7 SCR 445 – relied on. R. Radhakrishnan v. Director General of Police & Others (2008) 1 SCC 660 : [2007] 11 SCR 456; Secy., Kendriya Vidyalaya Sangathan & Others v. Ram Ratan Yadav (2003) 3 SCC 437 : [2003] 2 SCR 361 – referred to. OTHER CASE DETAILS INCLUDING IMPUGNED ORDER AND APPEARANCES CIVIL APPELLATE JURISDICTION: Civil Appeal No. 8510 of 2011. From the Judgment and Order dated 16.12.2010 of the High Court of Calcutta in WPST No. 600 of 2010. Appearances: Soumya Chakraborty, Sr. Adv., Ms. Astha Sharma, Sanjeev Kaushik, Advs. for the Appellants. Abhijit Kumar Chattopadhyay, Ms. Swati, Sandeep Lamba, Indresh Chandra Sonkar, Bhaskar Deb, Sayantan Talapatra, Ram Ekbal Roy, Rameshwar Prasad Goyal, Advs. for the Respondent. 615 STATE OF WEST BENGAL v. MITUL KUMAR JANA JUDGMENT / ORDER OF THE SUPREME COURT JUDGMENT J. K. MAHESHWARI, J. 1. This appeal arises out of the judgement of the High Court of Judicature at Calcutta, dated 16.12.2010, passed in ‘WPST No. 600 of 2010’ fi led by respondent Mitul Kumar Jana. The High Court by the said judgment allowed the writ and set-aside the order dated 23.11.2010 passed by the West Bengal Administrative Tribunal (for short “Tribunal”) and directed the appellant no. 2, i.e., the Superintendent of Police to appoint the respondent as constable in the West Bengal police force. 2. Succinctly stated, facts of this case are that the respondent appeared before appellant no. 2 – Superintendent of Police, South 24 Parganas, for measurement, physical effi ciency test and for interview on 06.09.2008, 09.09.2008 and 10.09.2008 respectively. He was declared fi t in the said selection, and placed in the merit list of the constables in the West Bengal Police Force. Pursuant thereto, respondent was supplied with the ‘Police Verifi cation Roll’ and asked to fi ll-up the same in his own handwriting. He deposited the same with the appointing aut
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