S.J.MUKHOPADHAYA, J. - (1.) THIS application has been preferred by petitioners for issuance of a writ/writs/direction commanding upon the respondents to treat their services, as being legally appointed, police personnel and a regular police force
(2.) THE case of petitioners is that they are residents of Palamau district which is extremist prone. On 15.5.1996, the extremists had been planning to blast of a police picket and the petitioners on knowing their activity, taking risk of their life not only cooperated with the police party to rope the culprits but also saved the entire police pickets from great casualty. If the petitioners had not taken risk of their life, the police contingent and the public could have faced great loss of life and public property. In this background, the Superintendent of Police, Palamau, Daltonganj had lauded the great work of petitioners and the Director General of Police, Bihar also appreciated their work. The Superintendent of Police, Palamau, Daltonganj recommended the case of petitioners for their appointment in special circumstances vide letters No. 6463/GO, 6464/GO and 6465/GO all dated 17th December, 1996. The Director General of Police, Bihar after thorough enquiry and examination of fact issued order contained in Memo No. 6217/P -2/131 -103 -96 dated 24th December, 1996 to appoint the petitioners after taking into consideration the physical fitness and educational qualification of each petitioners. In this background, appointment order contained in Memo No. 6690/GO dated 24th December, 1996 was issued by the Superintendent of Police, Daltonganj appointing the petitioners to the posts of constable. It appears that a letter No. 1046 dated 7th March, 2002 was issued by the LG. (Administration), Bihar, Patna requesting the D.G. -cum -LG. Police, Jharkhand to terminate the services of those constables who were appointed by the then D.G. -cum -LG. Police, Bihar, Mr. S.K. Saxena. Against the said letter, the petitioners moved before this Court in WP(S) No. 3189 of 2002, wherein this Court vide order dated 11 th June, 2002 directed the competent authority of State of Jharkhand not to implement the letter No. 1046 dated 7th March, 2002 mechanically but to apply its independent mind and, if necessary, after giving notice to the petitioners and calling for records from the State of Bihar, may take any decision in accordance with law. The competent authority of the State of Jharkhand was also asked to act in respect to Memo No. 1593 dated 29th April, 2002 and show cause notice given to one or other petitioners vide Memo No. 1191 dated 10th May, 2002 in the light of the observation made by the Court. Thereafter, no individual order issued in respect to one or other petitioner but the petitioners again choose to move before this Court with the prayer as mentioned in the first part of this order and also challenged the show cause notice which was issued on 29th April, 2002 on the basis of letter dated 7th March, 2002. In the facts and circumstances, there being no fresh cause of action in the present case, this Court having already passed specific order in the case of petitioners in respect of letter No. 1046 dated 7th March, 2002 and having not interfered with the show cause notice dated 29th April, 2002, no declaration is required to be given as sought for. In fact, the second writ petition is not maintainable and the petitioners should have show cause to the show cause notice given to them as per order dated 11th June, 2002 passed in WP (8) No. 3189 of 2002.
(3.) THE writ petition is, accordingly, dismissed.;