M.Y. Eqbal, J. - (1.) HEARD learned counsel for the parties.
(2.) IN this writ application the petitioner has prayed for quashing the order dated 1.7.2000 as contained in Annexure 7 to the writ application, whereby appointment of the petitioner has been cancelled by the respondent No. 3. Deputy Development Commissioner -cum -Chief Executive Officer. Zila Parishad, Koderma. The petitioner's case is that pursuant to the advertisement dated 2.8.1993 issued by the respondent No. 3 for the post of Assistant Engineer (Civil) the petitioner submitted his application and he was appointed as Assistant Engineer. Zila Parishad, Hazaribagh by the order of the Director, Panchayat Raj, vide letter No. 2768 dated 4.6.1993. It is contended that the respondent No. 3, vide letter dated 28.5.1999 requested the Director, Panchayat Raj for confirmation of the services of the petitioner. The Director, vide letter dated 24.6.1999 directed the respondent No. 3 that if the approval of the Government was not obtained at the time of appointment then instead of regularisation/confirmation of the services of the petitioner, post approval of the appointment is to be obtained from the Government after the approval of the Establishment Committee. It is stated that the respondent No. 3 sent the proposal of the Establishment Committee to the Director, Panchayat Raj for the approval of the appointment. It appears that the Director found that the procedure for appointment to the post in question was not followed and therefore, he directed the respondent No. 3 to remove the petitioner from services. The petitioner was, thereafter, called upon to file show cause and the impugned order of cancellation of appointment was passed.
(3.) THE respondents' case in counter affidavit is that the respondent No. 3, Deputy Development Commissioner -cum -Chief Executive Officer had illegally appointed the petitioner, vide letter dated 26.8.1993 on ad hoc basis in utter disregard and violation of the rules and procedure as laid down by the Government. It is stated that neither roster policy regarding reservation of post was followed nor the vacancies were advertised nor any test, interview was conducted. There was no papers regarding educational qualification, age, caste etc. of the petitioner are available on record of Zila Parishad. The respondents' further case is that as per Government Resolution No. 2012 dated 16.3.1991, no appointment can be made without prior approval of the Government. The Divisional Commissioner. Hazaribagh got the matter inquired in detail and reported that the appointment was illegal. The Government also decided to initiate action against Sri Saran Tirkey, the then Deputy Development Commissioner -cum -Chief Executive Officer; Hazaribagh for making illegal appointment.;