ARBIND KUMAR Vs. STATE OF JHARKHAND & ORS.

JUDGEMENT

(1.) We have heard learned counsel for the respective parties. Although basic question of law is common in both the appeals, there are some variations in the facts and wherever relevant the said differences will be pointed out.

(2.) For the sake of convenience, we are taking the facts from C.A. No. 9891 of 2010. The appellant - Arbind Kumar was appointed as a Constable in Dhanbad District on 31st March, 1998. There is no dispute that the provisions in the Police Manual for such appointment were not followed and without inviting applications from the eligible persons, appellant's case for appointment was allegedly recommended by the Superintendent of Police, Dhanbad to the Director General cum Inspector General of Police (Welfare) Bihar Patna (DG cum IG), on the ground that father of the appellant was an Assistant Sub Inspector of police and had met with an accident on 2nd Aug., 1997 and sustained injuries leading to amputation of right leg. It is not in dispute that father of the appellant continued to serve the police force till he superannuated sometime in 2005.

(3.) So far as the two appellants in the other appeal i.e. C.A. No. 9892 of 2010, are concerned, they claim to be brave persons who helped the police against the naxalites and as a result, both of them were recommended for appointment by the then Superintendent of Police, Dhanbad to the DG cum IG, Bihar, Patna and after their cases were cleared by the DG cum IG, they were appointed as constables on 16th Oct., 1996.