SUDHANSHU JYOTI MUKHOPADHAYA, J. - (1.) IN these writ petitions and appeals, as common questions of law involved, they were heard together and are being disposed of by this common judgment.
(2.) THIS petitioner has challenged the Order No. 1146/2001, as contained in Memo No. 1582, dated 22nd October, 2001 issued by the S.P., Special Branch, Jharkhand, Ranchi, whereby and whereunder, the said respondent while approved the Order No. 2734/2001, contained in Memo No. 7014, dated 16th October, 2001 issued from Special Branch, Bihar, Patna, terminated the services of petitioner on the ground that the initial appointment of her husband was illegal and that the petitioner was not entitled for compassionate appointment. The case of the petitioner is that her husband, Late Navin Kumar was appointed as a Constable under the State of Bihar on 10th July, 1996 and died in harness on 6th June, 1999. After his death, on her application, she was appointed as Lady Constable in pursuance of Memo No. 392/P -2, dated 19th January, 2000 issued from Police Headquarters, Patna. Formal Special Branch Order No. 8/2000 was issued and communicated, vide Memo No. 226, dated 13th March, 2000, since when she was functioning as lady Constable. In the impugned Order No. 1146/2001 bearing Memo No. 1582, dated 22nd October, 2001, the respondents have taken plea that since the Constable (No. 503) -Navin Kumar died on 6th June, 1999, no show cause notice could be given to him relating to his illegal appointment. But his appointment having been found illegal, for not following the procedure, the consequential appointment of widow -petitioner, on his death, is also illegal. This petitioner has challenged the order No. 97/2003 issued by the S.P., Special Branch, Jharkhand as contained in Memo No. 178, dated 18th January, 2003, whereby and whereunder, his services have been terminated on the ground of the same being an illegal appointment. The case of this petitioner is that he applied for his appointment to the post of Constable in the year 1996 being B.A. (Hons) and a good Volly Ball player having represented Magadh University, his name was recommended by the Director General of Police, Bihar, Patna for appointment to the post of Constable by Memo No. 3181, dated 15th July, 1996. Thereafter, he was appointed as Constable and transferred from one place to another. While he was posted within the territory of Jharkhand, his services were terminated by the Senior S.P., Patna against which he filed a writ petition, W.P. (S) No. 2361 of 2002 before this Court. A Bench of this Court vide its order dated 25th April, 2002 set aside the order of termination on the ground that the Senior S.P., Patna had no jurisdiction to terminate the services of those posted within the territory of Jharkhand, such as petitioner. The State of Jharkhand was given liberty to decide the issue relating to legality and propriety of his appointment. In this background, the S.P., Special Branch, Jharkhand issued a show cause notice to the petitioner, vide Memo No. 2608, dated 29th October, 2002 and he was asked to show cause as to why his services be not terminated, he having been appointed illegally without following the procedure of appointment. Thereafter, on receipt of show cause reply preferred by petitioner, the S.P., Special Branch, Jharkhand issued the impugned order No. 97/2000, as contained in Memo No. 178, dated 18th January, 2003, cancelling his appointment, as the same being illegal.
(3.) THIS petitioner initially challenged the Order No. 1176 of 2003 issued by the S.P., West Champaran, Bettiah, as contained in Memo No. 1512, dated 30th June, 2003 and a show cause notice issued by S.P., Chatra, as contained in Memo No. 731, dated 7th July 2003. The S.P., Bettiah by order dated 30th June, 2003 held his appointment as illegal having been made without advertisement and without following the procedure for selection S.P. Chatra, thereafter, issued the impugned Show Cause Notice dated 7th July, 2003 and asked the petitioner to show cause as to why his services be not terminated, he having been appointed illegally. During the pendency of the first writ petition, W.P. (S) No. 3329 of 2003, the petitioner was dismissed from service vide order dated 31st July, 2004 issued by S.P. Chatra. Such order of dismissal dated 31st July, 2004 has been challenged by this petitioner by filing the second writ petition. The case of this petitioner is that he having come to know from reliable source that there was a vacancy of Bigular Constable in the district of West Champaran, Bettiah and he being eligible, filed an application before the Director General -cum -Inspector General of Police, Bihar, Patna for his appointment. On his application, the Director General of Police, Bihar, Patna instructed the S.P., West Champaran, Bettiah to find out whether the petitioner was fit for appointment to the post of Bigular Constable. After taking physical and medical test and on being found fit in both the tests, was appointed as Bigular Constable by S.P., West Champaran, Bettiah and he joined the post on 24th March, 1984. In the year 2003, this petitioner came to know that S.P., West Champaran, Bettiah issued District Order No. 1176 of 2003, as contained in Memo No. 1512, dated 30th June, 2003, whereby and whereunder, the services of number of persons including the petitioner were terminated. The aforesaid orders were communicated to the S.P., Chatra who approved the same, vide Memo No. 731, dated 7th July, 2003. The petitioner, thereafter moved before this Court in W.P. (S) No. 3329 of 2003, which was heard on 15th July, 2003. A bench of this Court by way of an interim order, directed the S.P., Chatra to act independently and liberty was given to pass appropriate order without being influenced by the order dated 30th June, 2003 passed by S.P., West Champaran, Bettiah (Bihar). Thereafter, S.P., Bettiah vide Memo No 860, dated 14th July, 2003 reinstated him, but S.P., Chatra initiated a proceeding being Departmental Proceeding No. 15 of 2004. A show cause notice was given to him and he was asked as to why his services be not terminated, as he having been appointed illegally without advertisement and without following the procedure for selection. The Enquiry Officer having held the appointment of petitioner illegal, dismissed the petitioner from service by impugned District Order No. 785 of 2004, issued by S.P., Chatra, as contained in Memo No. 1816, dated 31st July, 2004.;