SAKHICHAND YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ application has been filed by the sole petitioner, inter alia, for quashing of the order dated 13-7-1986 passed by the Superintendent of Police Gumla, whereby his services as Constable has been terminated on the ground that he does not hold the minimum educational qualification for being retained as a constable. The petitioner was appointed as a constable by the Superintendent of Police, Gumla on 10-12-1984 in accordance with the list prepared by the Selection Board as per the provisions contained in Rule 61 (B) of the Police Manual. It may be stated here that the petitioner had passed Middle School.

(2.) It seems that in the year, 1986 the petitioner was sent for training to Constable Training School, Nath Nagar with other constables and during the course of training, the Principal of the School held an opinion that 17 constables were deficient in their educational physical qualification Out of 17 persons, 4 constables were from Gumla. Those are Baldeo Kumar, Dinesh Raj, Sukh Narayan Tiwary and the petitioner. In pursuance of the said report of the Principal, the respondent, Superintendent of police held some conversation on telephone with the Deputy Inspector General of Police, Ranchi and thereafter by his order dated 18-7-1986 (Annexure '3') communicated to the petitioner and other three aforesaid constables that for want of requisite educational qualification their services are terminated with immediate effect. Aggrieved by the said order of termination the petitioner filed his representation before Inspector General of Police, Bihar Patna. It seems that acting on the representation, the Inspector General directed the Regional Inspector General. Ranchi to conduct a fresh literary test, and accordingly all the four constables including the petitioner were directed to appear before the Regional Inspector General to participate in the test with all the documents which had been produced by them before the selection Board. By communication dated 29-6-1987, which is Annexure-6, the Respondent, D.I.G. Ranchi communicated to the Assistant of D. I. G. Patna that all the four constables have been found fit in the literacy test and necessary decision may be taken for their appointment since in his region there is no vacancy.

(3.) By Memo No. 320 dated 27-7-1987 (Annexure-7) the Assistant to D. I. G. Bihar Patna send a reply inter alia, stating therein that since the matter of all the four constables including the petitioner was pending consideration, it was incumbent to keep the post vacant in the region, and accordingly it was requested that the services of all the four constables including the petitioner should be absorbed in various districts of Ranchi region itself. Annexure-8 is an order passed by the Deputy Inspector General of Police (Administration Bihar dated 16-12-1988 which shows that as per the instruction issued by the Director General, out of four constables two namely, Baijnath Yadav and Lallan Prasad have been reappointed, since they were found fit in the literacy test. The petitioner again tiled representation dated 25-3-1989 which is annexure-8/A to the writ application before the Director of Police, Directorate, Bihar, Patna but it appears nobody bothered to attend to this representation.