THE STATE OF BIHAR Vs. KAMLA SINGH

JUDGEMENT

(1.) The present intra court appeals under Clause X of the Letters Patent of High Court are directed against the common order dated 22.01.2013 passed by the learned Single Bench, by which the writ petitions filed by the writ petitioners (respondents herein) in both the cases, have been allowed and the orders of removal/dismissal from service of the concerned respondents has been quashed with a direction to reinstate them maintaining continuity in service since the date of removal and holding them entitled to all consequential benefits.

(2.) The writ petitioners were appointed as Constables under special circumstances in the District of Buxar, pursuant to the recommendation to such effect by the then Director General of Police, followed by the recommendation of a committee constituted for the purpose of considering out of turn promotion as per Rule 660C of the Bihar Police Manual, 1978. Subsequently, by letter dated 19.09.2003 of the Superintendent of Police, Buxar, writ petitioners were intimated that they have been removed from service pursuant to letters dated 21.11.2002 and 22.08.2002 issued by the Inspector General of Police (Administration), Bihar, directing all the Deputy Inspector Generals of Police to remove the persons, who had been appointed under special circumstances.

(3.) Being aggrieved, the respondents filed CWJC No. 955 of 2004 challenging the order of termination dated 19.09.2003 and the same was allowed by order dated 13.09.2005, quashing the order of termination on the ground that such termination order was passed in violation of the principles of natural justice, as no show cause was issued or departmental proceeding conducted prior to passing of the impugned order. However, it was observed that the matter may be reconsidered by the authorities, if so advised, in accordance with law.