M.Y.EQBAL, J. - (1.) THIS Letters Patent Appeal is directed against the judgment dated 6.8.2007 passed in W.P.S.No. 3940 of 2007 whereby the learned Single Judge dismissed the writ application and refused to interfere with the Hazaribagh District Order No.1320/2007 dated 12.6.2007 cancelling appointment of the appellant on the post of Constable.
(2.) THE case of the appellant is that pursuant to the advertisement No.1/2004 published in the newspaper for appointment of constable, the appellant applied for the same and was allotted Roll No.72. After fulfilling the criteria and educational qualification, appellant appeared in the test and was declared successful. It is stated that the Chairman of the Selection Board after following the entire process issued letter of appointment dated 3.4.2007. The appellant joined the post constable on 10.4.2007. However, after a month, a show cause notice was issued to the appellant vide letter dated 26.5.2007 by the Superintendent of Police, Hazaribagh asking him to show cause as to why his appointment may not be cancelled because of overwriting and interpolation in the master -chart. The appellant said to have filed detailed reply denying and disputing the allegations made in the show cause and stating that he was appointed after being declared successful in the interview and physical test. The reply so filed by the appellant was not accepted and he was dismissed from service vide order dated 12.6.2007. Learned counsel appearing for the appellant assailed the impugned order of dismissal of the appellant from the service and also the impugned judgment passed by learned Single Judge. Learned counsel submitted that the learned Single Judge has not considered the fact that it was only after holding inquiry with regard to the genuineness of the appointment and after the decision rendered by a Division bench of this court in the case of Krishnaji & Others V/s. The State of Jharkhand and others [2006(4) J.L.J.R.702], the appellant was asked to join the service vide letter dated 10.4.2007. According to the learned counsel, the dismissal of the appellant from service on the basis of the said inquiry report is wholly illegal and without jurisdiction.
(3.) MR . R. Krishna, learned Senior Standing Counsel, on the other hand, submitted that it was only on the basis of interpolation found in the master -chart, the appointment of some persons have been cancelled after holding inquiry.;