Nishita Mhatre, J.

1. The short question involved in the present petition is whether an employee, who has been dismissed from service after a departmental enquiry, is entitled to be reinstated on his acquittal in a criminal case.

2. The facts in this case are not disputed. Two persons came to the office of the Reserve Officer claiming that they had been declared fit for appointment as a Constable by the Interview Board. However the Officer concerned suspected that someone had impersonated them in order to procure employment and Raiganj Police Station Case No. 383 of 2007 was started against them under Sections 419, 420 and 120B of the IPC on the basis of his complaint dated 9th October, 2007. The respondent, a police constable in the State Armed Police, was posted at the relevant time at Raiganj. He applied for anticipatory bail and was granted the same on 28th January, 2008 by this Court. In the meantime the respondent had been transferred. On obtaining the anticipatory bail and after surrendering to the Raiganj Court as directed by this Court, the respondent sought to join at the Jalpaiguri Police Lines. But he was not permitted to do so. His second representation was als