- (1.) In the accompanied writ application, the petitioner has inter alia prayed for quashing of order as contained in Memo no.127 dated 11.04.2011 (Annexure-9 to the writ application) issued by the Inspector General of Police (Training), Jharkhand, Ranchi by which the representation filed by the petitioner has been rejected and for quashing of the order dated 23.07.2003 (Annexure-6) passed by the Deputy Inspector General of Police, C.I.D, Jharkhand, rejecting the appeal thereby confirming the order of dismissal and for quashing the order dated 05.04.2003 (Annexure-5) issued by the Superintendent of Police, C.I.D, Jharkhand pertaining to dismissal of the petitioner from service with immediate effect and also the petitioner has further prayed for direction to the respondent to reinstate the petitioner in service with all consequential benefits.
(2.) The factual matrix, as has been delineated in the writ application in a nutshell is that initially the petitioner was appointed against a vacant sanctioned post of Constable in the year 1997 after following the procedures of appointment in accordance with law on account of his being successful in physical as well as medical test conducted by the authorities of the then Government of Bihar. After bifurcation of the State in the year 2000, the petitioner while working at C.I.D, Bihar was allocated Jharkhand cadre and thereafter he gave his joining in the office of C.I.D, Ranchi, Jharkhand and started discharging his duties to the satisfaction of all concerned but to the utter surprise of the petitioner while working at C.I.D., Ranchi he received a memo of charge contained in Memo No.3516 dated 10.12.2002 whereby a show cause was asked from the petitioner on the charge that his appointment has been said to be illegal by the State of Bihar since he was appointed without publication of any advertisement and physical measurement as evident from annexure-1 to the writ application. A departmental proceeding was initiated against the petitioner vide annexure-2 to the writ application and the inquiry officer submitted his enquiry report vide annexure-3 to the writ application. Thereafter, the petitioner was directed vide letter dated 24.03.2003 to file his second show cause as to why his services be not terminated vide annexure-4 to the writ application. In pursuance to the aforesaid direction, the petitioner submitted his reply denying the allegations levelled against him bringing the entire facts to the knowledge of the disciplinary authority but the petitioner was dismissed from service with immediate effect vide order dated 05.04.2003 vide annexure-5 to the writ application. Being aggrieved by the order of dismissal, the petitioner filed a departmental appeal on 06.06.2003 before the appellate authority and the said appeal has been rejected by the appellate authority by order dated 23.07.2003 vide annexure-6 to the writ application. Being aggrieved by the order of the disciplinary authority as well as the appellate authority, the petitioner filed W.P.(S) No.4308 of 2003 challenging the order passed by the disciplinary authority as well as the appellate authority, in which this Hon ble Court vide order dated 30.08.2003 has been pleased to dispose of the matter with certain direction and observation to file representation before the Director General of Police, Ranchi enclosing a copy of order of dismissal along with copy of the order. In deference to the direction of this Court dated 30.08.2003 the petitioner filed representation before the Director General of Police, Ranchi. The petitioner also preferred a letters patent appeal against the order dated 30.08.2003 passed in W.P.(S) No.4308 of 2003 which was registered as L.P.A. No.673 of 2003 and the said L.P.A was dismissed by order dated 20.05.2010 with liberty to pursue his representation vide annexure-8 to the writ application. Being aggrieved by the order under annexure-9, left with no alternative, efficacious and speedy remedy, the petitioner has approached this Court under Article 226 of the Constitution of India, invoking extraordinary jurisdiction of this Court for redressal of his grievance.
(3.) Counter affidavit has been filed on behalf of the respondents controverting the averments made in the writ application. In the counter affidavit, it has been inter alia stated that against the order passed in W.P. (S) No.4308 of 2003, the petitioner has preferred L.P.A. No.673 of 2003 which has been withdrawn by the appellant with liberty which is annexed as annexures-7 and 8 of the writ application and so far as Cont. Case (Civil) No.768 of 2010 is concerned, the order has already been complied. It has further been submitted that the order dated 11.04.2011 has already been passed in pursuance to order passed to the Hon ble Court also considering the fact that the petitioner has been appointed illegally and he has rightly been dismissed from the service in view of the catena of decisions and the judgments passed by this Hon ble Court. It has further been submitted that since the petitioner was appointed in violation of Rule 663 of the Bihar Police Manual and he has rightly been dismissed from service. It has further been submitted that since the petitioner was appointed illegally as the requirement of rule is that to notify the vacancy in the newspaper and advertise the same through employment exchange which undisputedly has not been done in the present case.;