JYOTI KUMAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Writ petitioner-appellant, aggrieved by the order dated 28.11.2008 passed by a learned Single Judge in C.W.J.C. No. 4463 of 2002, dismissing the writ application, has preferred this appeal under Clause 10 of the Letters Patent.

(2.) Short facts giving rise to the present appeal are that the writ petitioner-appellant (hereinafter referred to as the 'petitioner') offered his candidature for appointment as Constable in response to advertisement no.2 of 1995. Petitioner was a candidate in the non-home guard category and the height of the last candidate appointed in that category was 181 centimeters. Accordingly petitioner was not found fit for appointment as Constable. However, the Director and Inspector General of Police by communication dated 30th of October, 1996 communicated to the Senior Superintendent of Police its order for appointment of the petitioner under special circumstances. While doing so it has been observed that the petitioner is trained in computer work. In the light of the aforesaid order, petitioner was appointed as Constable.

(3.) Later on, it transpired that large number of appointments were made by the then Director General of Police Mr. A.K. Saxena under special circumstances. Complaints in this regard were received from various quarters and audit objections also raised by the Accountant General. The matter was therafter examined and the petitioner served with a show cause notice. He submitted his reply and on consideration of the same, the Senior Superintendent of Police by order dated 18.3.2002 terminated his service besides other such Constables appointed by the then Director General of Police under special circumstances.