KADIR KHAN Vs. STATE OF M P

JUDGEMENT

(1.) This petition has been preferred against the order dated 17.9.2002 marked as Annexure A/1 cancelling thereby the order of appointment dated 3.9.2002 with immediate effect.

(2.) Case of the petitioner is that pursuant to the advertisement issued by Madhya Pradesh. S.A.F, the petitioner applied for the post of Constable (G.D) in the Police Department S.A.F. He cleared the examination and physical test. He was selected as per the merit and was appointed on the post of constable in the pay scale of Rs.3050 - 75 - 3950 - 80 - 4590 vide order of appointment marked as Annexure A/6. Petitioner gave his joining which was duly recorded in the Roj Namcha. Thereafter, petitioner was served with the impugned order dated 17.9.2002 whereby he was informed that his services were not required by the Government and his appointment was cancelled with immediate effect. This order has been challenged on the ground that after joining on the post of Constable after getting selected in the manner prescribed for direct recruitment, a right has accrued in favour of the petitioner which can not be snatched away in the impugned manner. Petitioner was not served with any show cause notice and no opportunity of hearing was granted before cancelling his appointment. Thus, there is flagrant violation of rules of natural justice and the impugned order contained in Annexure A/1, is unsustainable in law.

(3.) In the return, it has been admitted that the petitioner was selected on the post of Constable (G.D) in accordance with the prescribed procedure and as per merit. It has been averred that the entire selection list pertaining to recruitment on the post of constables made in the month of February 2002 was cancelled by the Additional Director General, S.A.F in accordance with the order issued by the office of P.H.Q.