S.J.MUKHOPADHAYA,J. - (1.) THE writ petition has been preferred by the petitioner against the selection and appointment of respondent No. 4 to the post of Commi -III.
(2.) THE main plea as was taken by the petitioner is that the post was to be filled up from amongst eligible departmental candidates in pursuance of notice published in the Office on 31st October, 1998. The respondent No. 4, an outsider and being not a departmental candidate would not have been appointed to the post of Commi -III in pursuance of such notice. The respondents though filed a counter affidavit, but the Court being not satisfied with the same also called for the original records and asked the concerned Officer having knowledge of selection to remain present to assist the Court.
(3.) FROM the counter affidavit and records, it appears that the post of Commi -III is a post of Cook. The respondent No. 4 was engaged on daily wage in the Hotel Ashok, Ranchi in February, 1991 and since then he is working.;