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APPELLATE SIDE
Rajesh Bindal, Aniruddha Roy, JJ
Ashok Chowdhury – Appellant
Versus
State of West Bengal – Respondent


Advocates:
For the Appellants/Petitioners: Md. Mokaram Hossain, Mr. Kamakhya Prasad Mukhopadhyay, Mr. Sandipan Maity
For the Respondents:

Table of Content
1. court finds sufficient grounds to uphold the previous ruling. (Para 1 , 9)
2. prior adjudication of facts bars re-litigation. (Para 2 , 3 , 4 , 5 , 6)
3. use of acquittal as a defense against discharge is questioned. (Para 7)
4. acquittal is insufficient for reinstatement. (Para 8)
5. dismissing the petition based on previous judgments. (Para 10)

ORDER

1. None represents the State.

2. This writ petition has been filed assailing the order dated August 14, 2018 passed by the West Bengal Administrative Tribunal, Kolkata (for short, ‘the Tribunal’) in O.A. No. 674 of 2016 (Ashok Chowdhury vs. State of West Bengal & Ors.) (for short, the Original Application) vide which the Original Application filed by the writ petitioner, was dismissed.

3. The petitioner was appointed as Police Driver in Kolkata Police w.e.f. February 22, 2013. Prior to his joining he was implicated in a criminal case in 2010. Concealing such fact deliberately and willfully, he applied for his employment with the Police Department. After he started serving the Police Department, the said fact of concealment was revealed and he was discharged from service vide D.O. No. 58 dated February 8, 2014. The said dis

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