IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE PRESENT:

THE HON’BLE JUSTICE ARINDAM MUKHEREJEE.

With CAN 1 of 2021 MITHU HOQUE.

VS.

UNION OF INDIA & OTHERS.

For the Petitioner : Mr. Md. Ahsanuzzaman ....Advocate For the Union of India : Mr. Amal Kumar Datta ....Advocate Last Heard on : 28.03.2025.

Judgment on : 11th April, 2025.

Arindam Mukherjee, J.:

1. The petitioner has sought for reinstatement in service to the post of Constable (Bugler) in Central Reserve Police Force (in short ‘CRPF’) after quashing the orders dated 3rd August, 2015 and 15th October, 2015 passed respectively by the Appellate Authority upholding the orders of striking off the name of the petitioner from the roster of the unit. The order of the Appellate Authority is at page 41 of the writ petition.

2. The petitioner had been provisionally selected for the post on the basis of recruitment held at Group Centre, CRPF, Siliguri, West Bengal. The petitioner as per the offer letter was directed to report to Group Centre, CRPF, Siliguri, West Bengal. If the petitioner accepted the conditions mentioned therein.

The petitioner duly reported at the venue prior to the last date fixed in the offer letter for reporting.

3. The writ petition was dismissed at the threshold on 14th March, 2016. The petitioner preferred an appeal therefrom which was allowed by a judgment and order dated 4^th November, 2019 by setting aside the order dated 14th March, 2016.

4. In the instant case, the petitioner reported at the venue with the offer letter, thereby signifying his acceptance of the terms mentioned therein and was, thereafter, sent to RTC, NEEMUCH for basic training. It, therefor, appears to this Court that there may be further documents issued to the petitioner after he reported at the venue at Siliguri by dint of which he was sent for basic training at RTC, Neemuch. These four documents may elaborate the terms of appointment. No such document is on record.

A. Petitioner’s Case in brief:

1. The petitioner, a resident of Dinhata Police Station, District Coochbehar. On being successful in a selection process for recruitment of Constable (Bugler) in CRPF held in the year 2014 was offered appointment. By issuance of a letter dated 28th April, 2014 offering him appointment for the post of Constable (Bugler) in CRPF purely on temporary basis and subject to verification of the testimonials and identity of the petitioner. It was clearly stated in the said offer letter that the appointment is also subject to condition that there is no criminal or civil case pending against the petitioner or that the petitioner’s name does not exists in wanted persons’ list. The offer letter is at page 31 of the writ petition. The petitioner joined the services on 15th May, 2014 on having been provisionally selected. The petitioner was thereafter, sent for training at the Recruitment Training Centre (in short RTC), Neemuch.

2. Prior to the petitioner participating in the selection process, the petitioner was implicated in a Criminal Case being Dinhata Police Case No. 446 of 2011 dated 11.07.2011 under Sections 365/364/34 of Indian Penal Code, 1860 (in short ‘IPC’).

3. The petitioner says that his sister Nurshida Khatun was kidnapped by one Aminur Haque, son of Mokbul Hossain of village Piknidhara, Police Station Dinhata, District Coochbehar as a consequence whereof the petitioner’s mother initiated a police case against the said Aminur Haque being the Dinhata Police Case No. 402 of 2011 dated 26.06.2011 under Sections 328/366(A)/376/109 of the IPC. As a counterblast and to save himself from arrest the said Aminur Haque filed an application under Section 156(3) of the Code of Criminal Procedure, 1973 (in short ‘Crpc’). Pursuant to the orders passed in the said proceedings, a criminal case was instituted against the petitioner. The criminal case as such according to the petitioner a false case.

4. The petitioner was, subsequently served with a notice of termination on 23rd June, 2015 under