Permod Kohli, J. - (1.) THESE four petitions were referred to Division Bench by the then Acting Chief Justice vide order dated 19.6.2006 in view of the judgment of the Apex Court in Union of India v. : AIR2003SC4222 .
(2.) PETITIONERS in these writ applications are candidates for the post of Constables in the police department from four districts of the State, namely, Hazaribagh, Koderma, Chatra and Giridih. It is useful to briefly notice the factual background leading to the filing of present writ applications. State of Jharkhand issued advertisement notice No. 01/04 published in various newspapers on 13.1.2004 inviting applications for the post of Constables for all the districts of the State. The last date of submission of the applications was fixed as 15.2.2004. The petitioners in this case applied for selection in the aforesaid four districts of the State. Petitioners belonging to four districts have given details in the writ applications about their residence etc. All the petitioners were issued admit cards and were allotted roll numbers. Under the order of Deputy Inspector General of Police (Personnel), Jharkhand. Ranchi, a notice was published in Hindustan Times in its issue dated 6.6.2004 for conduct of the physical test for the aforesaid districts and dates were fixed between 15.6.2004 to 13.8.2004. Consequently, physical tests were conducted on the dates notified. It is alleged that all the petitioners qualified the physical test. Vide memo No. 874 dated 13.10.2004 date for written test to be held for the candidates who are declared successful in the physical test was notified for different districts. Petitioners participated in the written test. A final merit/select list was published on 8.12.2004 and names of all the petitioners were in the final select list. Petitioners have given their serial numbers in the select list. In the meanwhile, a writ petition being W.P. (S) No. 1458 of 2004 was filed in the High Court of Jharkhand relating to some dispute of the qualification. This writ petition was finally disposed of on 13.3.2005. On disposal of the petition. Superintendents of Police of the districts were asked to fill up the available post of Police Constables and send them for training by 31.5.2005. The successful candidates whose names appeared in the final select list joined their respective districts except for above mentioned four districts. It is alleged that successful candidates in these districts approached the authorities and made representation for their joining. Respondent No. 2. in the meanwhile, passed an order dated 10.12.2005 cancelling the selection of the Police Constables in the above mentioned four districts. From perusal of the order, it is revealed that selection in these districts has been can -celled on account of various irregularities and a new committee comprising of five Officers was reconstituted to hold fresh selection of the candidates in the aforesaid four districts. Petitioners are aggrieved of this order and have sought its quashment in these petitions. When these writ petitions were taken up by this Court on 20.4.2006 respondents were directed to file counter and produce the original file relating to cancellation of appointment and it was further directed that during the pendency of these writ petitions, if any appointment is made to the posts, in question, it shall be subject to the decision of these cases.
(3.) INSPECTOR -General of Police (Personnel), Jharkhand, Ranchi has filed counter -affidavit on behalf of Director -General of Police detailing the events relating to passing of the impugned order. It is stated that in the light of the alleged irregularities in the recruitment of Constables for the Hazaribagh Range, Police Headquarters, Jharkhand, Ranchi vide its Memo No. 696/P dated 11.6.2006 requested the Secretary, Home, Government of Jharkhand to cancel the recruitment process and issue fresh advertisement for the recruitment of Constables. The Government was also informed that the Inspector -General of Police, North Chhotanagpur Zone, Bokaro has been entrusted with the inquiry into the irregularities committed during the recruitment process and for fixing the responsibility. Inspector -General of Police, North Chhotanagpur Zone, Bokaro has conducted the detailed inquiry and submitted his detailed report vide Memo No. 994/C dated 31.10.2005 wherein various irregularities have been pointed out and the responsibility has also been fixed. It has been stated that recruitment process was badly vitiated by the large scale bungling/irregularities at the behest of Shri C.P. Kiran. the then Superintendent of Police, Chatra -cum -Chairman, Constable Recruitment Committee -3. Based upon the report of the Inspector -General of Police, Home Department vide its Notification No. 106 dated 16.1.2006 and letter No. 107 dated 16.1.2006 cancelled the select list and ordered for selection process afresh of those candidates found successful in running event pursuant to the advertisement No. 1/04.;