Subrata Talukdar, J.

The short point that this Court is required to answer in this writ petition is whether the order impugned dated 28th April, 2015 passed by the Director of Rationing, Government of West Bengal (for short DOR) is legally sustainable or not. By the order impugned the DOR refused to appoint the petitioner no.2 as a Fair Price Shop Dealer (for short FPS) on the ground that the petitioner was not a person of unimpeachable character and integrity.

2. The DOR took notice of the fact that a criminal case being CGR No. 2506 of 2002 is pending against the petitioner no.2 under Sections 420, 468 and 411 of the Indian Penal Code (for short IPC). Further noticing that each of the three Sections of the IPC as noted above relate to serious offences of cheating, forgery and dishonestly receiving stolen property which are all cognizable and non-bailable, the DOR came to the conclusion that it is necessary for the appointing authority to consider whether the appointee has acceptable moral antecedents.

3. Sri Debabrata Saha Roy, Ld. Counsel for the writ petitioners strongly submits that by order dated 12th September, 2014 in WP 19578(W) of 2011 a Hon’ble Single Bench of thi