(1.) By order, dated 23.3.2004, the appellant was appointed to the post of Head Constable (Operator) against an existing vacancy in the Mizoram Police Radio Organisation. The appellant submitted his joining report on the very day on which the appointment order was issued. However, barely four days thereafter, i.e. by order, dated 27.2.2004, issued by the Superintendent of Police, Wireless, Mizoram, the said order of appointment of the petitioner was cancelled.
(2.) Aggrieved by the said order, dated 27.2.2004, aforementioned, the petitioner came before this Court with a Writ Application, which gave rise to W.P. (C) No. 32 of 2004, wherein the petitioner/present appellant contended, inter alia, that cancellation of his appointment, without affording him any opportunity of showing cause or hearing, was illegal and the same may be interfered with. The State respondents resisted the Writ petition by pointing out, inter alia, that the appointment of the petitioner was void ab intitio, the same having been made in violation of the relevant Recruitment Rules as well as the Government instructions contained in the Office Memorandum dated 21.8.91, 23.11.93, 13.6.2000 and 11.7.2002, and, hence, the order terminating the service of the petitioner being just and proper, the same may not be interfered with. By judgment and order, dated 29.03.2005, the learned Single Judge turned down the prayer of the petitioner on the ground, inter alia, that since the petitioner's appointment was dehors the rules, cancellation of his appointment by the State respondents cannot be termed as arbitrary or illegal. Dissatisfied with the rejection of the writ petition, the petitioner has preferred the present Writ appeal.
(3.) We have heard Dr. C.V.L. Auva, learned counsel appearing on behalf of the writ petitioner/appellant herein, and Mr. N. Sailo, the learned Govt. Advocate, Mizoram, appearing on behalf of the State respondents.