RAJEEV KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has put to challenge an order dated 23.10.2003 issued by the District Magistrate, Madhepura, whereby his appointment as Lower Division Clerk made on the recommendation of Bihar Public Service Commission has been cancelled.

(2.) It is evident from the impugned order that the Appointing Authority cancelled the petitioner's appointment after having received adverse reports from the Bihar Public Service Commission. The petitioner's appointment was apparently on temporary basis and in the letter of appointment dated 08.07.2003 itself, it was mentioned that appointment of a candidate would be cancelled in case any adverse report was received from the Bihar Public Service Commission.

(3.) The present writ application has been filed on 21.06.2012. It transpires that after passing of the impugned order, a First Information Report was lodged against the petitioner with the allegation that the petitioner had managed to change the photograph, which was pasted in his original application. The petitioner was put on trial and finally came to be acquitted by the judgment and order dated 27.09.2011 passed by the learned Sub Divisional Judicial Magistrate, Madhepura, in Trial No. 981 of 2011, arising out of Madhepura P.S. Case No. 52 of 2004. Nearly nine months after his acquittal in the criminal case, present writ application has been filed seeking quashing of the order, which was passed in 2003.