It was obligatory on the part of the appellant to have companysidered that application and apply its mind to the stand of the respondent that he had made an in advertent mistake before passing the order.
On 7 7 1997, the Court was informed that because of the order of the Tribunal, the respondent had been reinstated in service.
On being so acquitted, the respondent filed a representation before the Commissioner of Police for reconsideration of his case but that representation was turned down.
Aggrieved by the order of the Tribunal, the appellant filed an SLP in this Court in April, 1997.
The respondent, thereupon, filed an original application before the Central Administrative Tribunal.
The respondent, however, voluntarily companyveyed it, on 15 11 1995, to the appellant that he had inadvertently failed to mention in the appropriate companyumn regarding the pendency of the criminal case against him and that his letter may be treated as information.
It is number as if information was given by the respondent regarding the in advertent mistake companymitted by him after he had been acquitted by the trial Court it was much before that.
Both the orders of cancellation of candidature and the rejection of the representation were set aside and the Tribunal directed the appellants to companysider offering appointment to the respondent within 3 months from the date of receipt of a companyy of that order.
Vide order dated 22 11 1996, the original application was allowed by the Tribunal.
That there was an omission on the part of the respondent to give information against the relevant companyumn in the Application Form about the pendency of the criminal case, is number in dispute.
On verification, the Department came to know that a case being F.I.R. No.
Despite receipt of this companymunication, the candidature of the respondent was cancelled.
That, however, was number done.
Leave granted.
In the meanwhile, the respondent was acquitted in the said criminal case by the trial Court vide judgment dated 8 12 1995.
On the ground that the respondent had companycealed a material fact from the Application Form which he had filled in, his candidature was cancelled on 20 11 1995.
1/93 under Sections 147/342/327/504, I.P.C. was registered against the respondent at Police Station Agotta, Distt.
