S.C. Das, J.

The petitioner was initially engaged as a Daily Rated Worker w.e.f 10.05.1984. Later on, he was appointed to the post of Work Assistant, Vide Memo dated 21.09.2006 (Annexure-3 to the writ petition) in the pay scale of Rs.3300-7100/- under the respondent No.3. The offer of appointment contained certain terms and conditions. As per that offer of appointment the petitioner was supposed to submit an attestation form duly filled in and a declaration form etc. Accordingly, he submitted the attestation form wherein there was specific column as to whether any case was pending against him in any Court of law at the time of filling up of attestation form to which he replied in negative, but in fact Agartala Women P.S Case No.72 of 2006, U/S 498A of I.P.C was pending against him under investigation and he surrendered before the Court and got bail on 01.07.2006. The petitioner contended that by mistake he did not mention in the attestation form about the pendency of that case and that it was a bona fide mistake.

The complainant of that criminal case, Smt. Krishna Bhattacharji, wife of younger brother of the petitioner, namely, Sarathi Bhattacharji, submitted a written comp