- (1.) In the accompanied writ application, the petitioner has sought for issuance of a writ, in the nature of certiorari, for quashing order dated 29.09.2007 passed by respondent no.3-Superintendent of Police, Chatra, inter-alia, on the ground that copy of the enquiry report was not supplied to him before dismissing him from service as Constable on the ground of irregularity in the appointment notwithstanding the fact that he was selected on the ground of fighting against naxals and his case was recommended for Presidential medal for his acclaimed performance as a Constable.
(2.) The factual matrix, as has been delineated in the writ application, in a nutshell is that: On the fateful day, i.e. on 07.02.1996, when the extremists attacked police picket at Kundla Police Station, Chatra, the petitioner who had a licensed rifle bravely fought with the extremists, drove them away and helped in recovery of arms and ammunitions. This act of gallantry/bravery was applauded by the then Superintendent of Police, Chatra and he recommended for his appointment as a Constable, vide Memo No. 355/ Ra Ka dated 16.02.1996, consequent thereupon, the petitioner was appointed on the post of constable vide Memo No. 179 dated 02.03.1996, under Annexure 2 to the writ application, by Deputy Inspector General of Police, North Chhotanagpur Range, Hazaribagh. Office Order No. 289/1996, under Annexure 1 to the writ application, was issued to that effect wherein date of appointment of the petitioner is shown as 19.03.1996. Thereafter, for another naxal encounter dated 20.01.2002, in which, the petitioner along with other police personnel had shown their gallantry, the then Superintendent of Police, Chatra vide letter dated 15.03.2002, under Annexure 3 to the writ application, recommended for Presidential Police Medal. Learned counsel for the petitioner has also annexed a letter dated 19.08.2003, under Annexure 4 to the writ application, wherein an opinion has been given to boost up the morale of the brave villagers so that they may be inducted in government services according to their ability. Learned counsel for the petitioner has also annexed letter dated 05.02.2004, under Annexure 5 to the writ application, wherein list of persons have been given, who have been selected under special circumstances, to show that his case also stands on similar footing. It is further contended that after rendering about more than eight years of service without any rhyme and reason charge was framed on 27.07.2004, under Annexure 6 to the writ application and show cause notice was issued as to why the services of the petitioner be not terminated because the appointment of the petitioner was made without advertisement and without following the general selection procedure. Pursuant thereto the petitioner submitted his reply dated 03.08.2004, which is at Annexure 9 to the supplementary affidavit. Thereafter, vide impugned order dated 29.09.2007, under Annexue-10 to the supplementary affidavit, the petitioner has been dismissed from services by the then Superintendent of Police, Chatra (respondent no.3).
(3.) Heard learned counsel for the petitioner as well as learned counsel for the respondents.;