PRAMATH PATNAIK,J. - (1.) In the accompanied writ application, the petitioner has inter alia prayed for quashing minutes of meeting of Establishment Committee of Revenue Department held on 22.8.2016 for appointment-cum-promotion and posting of successful candidates in limited departmental examination for the post of Circle Inspector-cum-Kanoongo, whereby an objection was raised for appointment of the petitioner by way of promotion on the said post and further for direction upon the respondents to appoint the petitioner on the post of Circle Inspector-cum-Kanoongo.
(2.) Sans details, the facts as delineated in the writ application, is that the petitioner was appointed as Revenue Clerk (Rajaswa Karamchari) in the year 1990 in the office of Deputy Commissioner, Gumla and by passage of time, he was transferred from Gumla to Ranchi in the year 2003. While continuing as such, when the petitioner was posted at Ratu Circle, on the allegation of wrongful mutations/excess mutation of the land, a criminal case being R.C. Case No. 18(S)/2013R was instituted, in which, initially it is alleged that the petitioner was not made accused. It has been averred that the department also in order to scrutinize the allegations of wrongful mutation, conducted an internal inquiry, in which, the Land Revenue Deputy Collector vide its report dated 4.6.2012 held that there is nothing against the petitioner and no action on the part of the petitioner can be said to be wrongful or criminal in nature and basing on such enquiry report, the petitioner was exonerated from charges. It has been averred that contrary to its findings, when sanction for prosecution was sought for, the department vide order dated 22.12.2014 granted sanction for prosecution. Being aggrieved, the petitioner knocked the door of this Court by way of filing Cr.M.P No. 699 of 2015 for quashing entire criminal proceeding initiated against him and the Hon'ble High Court vide order dated 16.04.2015 granted stay stating that no coercive step to be taken against the petitioner. It has further been submitted that the department after granting sanction for prosecution again initiated a full-fledged inquiry against the petitioner for the same and similar allegations, as made in R.C. Case No. 18 (S)/2013R, which resulted in exoneration of the petitioner vide memo dated 24.11.2015.
(3.) It has further been averred in the writ application that one writ petition, being W.P. (S) No. 5405 of 2013 filed by the Jharkhand Rajashwa Karmachari Sangh to fill up the vacancies of Circle Inspector meant to be filled up through limited examination, which was disposed of vide order dated 24.4.2014 and in compliance thereof, the Jharkhand Staff Selection Commission published an advertisement inviting application from all eligible candidates. The petitioner being fully eligible applied for the same and after due consideration of the eligibility criteria, he was allowed to sit in the limited departmental examination, where he was declared successful securing highest marks in the departmental examination and his name was recommended for appointment on the post of Circle Inspector-cum-Kanoongo vide letter dated 23.06.2016. Pursuant thereto, the Establishment Committee was constituted for appointment and posting of the successful candidates, but, to the utter surprise and consternation, the petitioner was denied to get such benefit vide minutes dated 22.08.2016 of the departmental meeting on the ground that one criminal case is pending against him. Aggrieved thereof, the petitioner represented before the Secretary, Land Reforms, Registration and Revenue Department, Government of Jharkhand enumerating all the discrepancies, but, the same did not evoke any response.;