(1.) HEARD Ms. Sheema Ali Khan, Counsel for the petitioner and Mr. Chhote Lal Narain Singh, S.C. I representing the State.
(2.) THE petitioner seeks to challenge his removal from service as Chowkidar attached to Shivsagar Police Station in the district of Sasaram by an order passed by the District Magistrate under his memo No. 1251, dated 15.11.2003. THE order gives two grounds for the petitioner's removal from service. One is that there were only ten beats under Shivsagar Police Station. It, therefore, followed that the petitioner's appointment as Chowkidar for Circle No. 1, beat No. 11 under that Police Station was illegal. THE other ground was that a criminal case being Shivsagar Police Station No. 24/99 was already instituted against the petitioner on 12.3.1999 for cheating in connection with his appointment and on that basis a recommendation was also made by the Superintendent of Police for his removal from service.
(3.) MR. Singh submitted that it was apparent that the petitioner had obtained appointment by misrepresenting himself as son of the previous chowkidar who was initially described as Dukhi Kahar but whose name was later changed to Dukhi Singh to show him as the father of the petitioner.