- (1.) AGGRIEVED by the order of remand, the State of Jharkhand has preferred this Letters Patent Appeal.
(2.) THE brief facts of the case are that, the respondent (who is writ petitioner) was appointed as Khalasi on 22.03.1990 in the Information and Public Relation Department by the Deputy Director, Public Relation Department, South Chhotanagpur Division, Ranchi. The appointment of the respondent was cancelled by order dated 05.09.1991. Challenging the order dated 05.09.1991 terminating his service, the respondent approached the High Court in C.W.J.C. No. 2095 of 1991(R) and by order dated 04.10.1991, the order terminating the service of the respondent was quashed on the ground of the said order being passed in violation of the principles of natural justice. However, it was made clear that the order dated 04.10.1991 would not prevent the appropriate authority from taking any appropriate action in accordance with law. Consequently, the respondent was reinstated in service w.e.f. 04.10.1991 and thereafter, a showcause notice was issued to the respondent. After considering the reply of the respondent, by order dated 04.04.1997 the service of the respondent was terminated on the ground that it was an illegal appointment. Challenging the same, the respondent approached the High Court in C.W.J.C. No. 1869 of 1997 (R) which was disposed of by the impugned order dated 02.09.2004 directing the writ petitioner to submit necessary papers, which the authority was directed to examine and pass an speaking and reasoned order within two months from the date of receipt/production of copy of order dated 02.09.2004. Challenging the same, the State of Jharkhand has approached this Court.
(3.) A counteraffidavit has been filed supporting the impugned order dated 02.09.2004. It is stated that the learned Single Judge considered the Circular dated 20.01.1950 and rightly held that, Joint Director, Public Relation had power to make appointed on ClassIV posts. It is further stated that in view of paragraph no. 12 of the Government letter dated 03.12.1980 power was given to the Deputy Commissioner for appointment of ClassIV employees at district level. The respondent who had applied for the post and appeared in the interview and who was local resident of Ranchi was thus validly appointed by the Joint Director as he was duly authorised. Mr. Ratnakar Bhengra, the learned Government PleaderIV submitted that the ClassIV post in Information and Public Relation Department is a Statecadre post on which appointment can be made only by the Director General and since the appointment of the respondent was not made in accordance with the Rules, it was an illegal appointment and therefore, after issuing showcause notice and considering the explanation of the respondent, by order dated 04.04.1997 the service of the respondent has rightly been terminated. The learned counsel has further submitted that even the initial appointment of the respondent was made only in anticipation of the approval of the DirectorGeneral, which was never granted and therefore, the appointment of the respondent was liable to be terminated.;