TIKESHWAR PRASAD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present petition under Article 226 of the Constitution of India has been preferred by the petitioners against the cancellation of the appointment order dtd. 27/9/2012 (Annexure-P/1) passed by the respondent No.3, whereby the services of the petitioners, who were appointed on the posts of Swachhkarta/Paricharak Sah Chowkidar, have been cancelled.

(2.) Brief facts of the case are that an advertisement was issued on 29/2/2012 by the respondent No.3 for filling up the post of Swachhkarta/Paricharak Sah Chowkidar but subsequently on 9/5/2012 the same was amended with a condition that the written examination would be conducted for appointment on the aforesaid post. The petitioners appeared in the written examination and got selected vide merit list (Annexure-P/4), total 42 candidates and were given joining leters. The respondent No.6 also appeared in the exam but could not succeed, as a result of which he made a complaint alleging irregularties in the selection procedure. Thereafter the Collector, Raigarh issued a letter to the Deputy Director, Veterinary Services, upon which the detailed report of recruitment process was submitted by the Deputy Director to the Collector. Thereafter show cause notice was issued based on the enquiry conducted by the Collector, which was challenged by the petitioners way of writ petition bearing WPS No.4313/2012, but the same was dismissed vide order dtd. 26/9/2012 and on the same day i.e. 26/9/2012 after receiving the replies of the petitioners allegedly taken forcibly, their services have been cancelled. Therefore, the present petition has been preferred by the petitioners.

(3.) The reliefs sought by the petitioner are as under:-