Aparesh Kumar Singh, J. - (1.) Heard counsel for the parties.
(2.) The petitioner has approached this Court for quashing of the office order dated 29.12.2004 (Annexure-4) whereby he was removed from service as a constable and also with a prayer to reinstate him in service.
(3.) Petitioner who was the Homeguard, participated in the Advertisement No. 1/2003 issued by the State Government for selection to the post of constable in the District Force in a number of districts. Admittedly, the petitioner made an application in more than one district i.e. East Singhbhum and West Singhbhum, though under the terms of the advertisement, he could have applied only in one district. However, petitioner was appointed in the district of East Singhbhum on the post of constable and he joined also. However, a show-cause notice was issued on 24.11.2004 upon the petitioner alleging firstly that contrary to the terms of the advertisement, he had applied in two districts and secondly, he had enclosed a homeguard certificate in the name of Saluka Bodra, son of Nandlal Bodra, though petitioner had applied in the name of Lombo Bodra. A criminal case was also instituted against the petitioner with the allegation that he had submitted a certificate in the name of Saluka Bodra while his educational certificate and caste certificate were in the name of Lombo Bodra. Petitioner was thereafter removed from service by District Order No. 2469/04 by holding that he had not submitted his explanation, but upon due verification of the records, the aforesaid act of the petitioner was sufficient for removing him from service. Therefore, invoking the provisions of Civil Services (Classification, Control and Appeal) Rules, he was been removed from service with effect from 26.12.2004 by order passed by the Superintendent of Police, East Singhbhum, Jamshedpur (Annexure-4) dated 29.12.2004. Petitioner was acquitted in the criminal case vide judgment dated 19.08.2009 passed by the Court of Sub Divisional Judicial Magistrate, Jamshedpur in T.R. No. 140/09 (Annexure-5).;