SUMAN KUMAR SRIVASTAVA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Questioning the issuance of charge-sheet dated 16.07.2010, the petitioner has preferred the present writ petition. During the pendency of the writ petition, order of discharge dated 01.11.2013 was issued which was challenged by the petitioner by filing amendment application and the said application being I.A. No. 8448 of 2013 has been allowed. Heard the learned counsel appearing for the parties and perused the documents on record.

(2.) Pursuant to Advertisement No. 01 of 2004, the petitioner applied for the post of Constable in Jharkhand Armed Police Force and he was selected and appointed on the post of Constable. The petitioner joined the post on 18.05.2005. On 11.01.2007, the petitioner was summoned by the Inspector General of Police, J.A.C., Ranchi and his height was re-measured on 11.01.2007. By order dated 25.01.2007, the petitioner was discharged from service with immediate effect. The petitioner challenged the order of discharge dated 25.01.2007 in W.P.(S) No. 2717 of 2007 which was allowed by order dated 20.11.2009 and the impugned order dated 25.01.2007 was quashed. The respondents were directed to reinstate the petitioner in service with 50% back-wages. Accordingly, the petitioner was reinstated in service. On 26.02.2010, a show-cause notice was issued to the petitioner and a charge-memo dated 16.07.2010 was served upon the petitioner on the allegation that he secured appointment deceitfully getting his height measured at 171.5 c.m. The petitioner responded to the show-cause notice and the charge-sheet issued to him, raising a plea of res-judicata and pendency of Contempt Case (Civil) No. 138 of 2010. Finally, by order dated 01.11.2013, the petitioner has been discharged from service with immediate effect.

(3.) A counter-affidavit has been filed stating that when the height of the petitioner was re-measured, it was found that initially the height of the petitioner was wrongly measured at 171.5 c.m. and on that basis he was offered appointment. On re-measurement, his height has been found 165.2 c.m. Paragraph Nos. 8 to 12 of the counter-affidavit are reproduced below: