RAJ KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner has laid the instant writ petition for quashment of order dated 30th of April 1996 passed by second respondent cancelling his appointment on the post of Patrolling Officer Grade -II.

(2.) THE facts apposite for the purpose of this writ petition are that in the year 1994 certain vacancies were available in the Excise Department (Preventive Branch) including the temporary vacancy of Patrolling Officer and the petitioner being eligible submitted his application form. After receiving the application form, the petitioner was called for interview and on being declared successful vide order dated 13th of December 1995, he was offered appointment on purely temporary basis subject to the condition about verification of his character and antecedents and educational qualifications. In the order, it was also stipulated that in the event of non -availability of requisite testimonials showing his educational qualifications and the character certificate, the appointment is liable to be cancelled without any notice.

(3.) QUESTIONING the impugned order, the petitioner has submitted in the writ petition that the order of cancellation of his appointment virtually amounts to termination/dismissal and before passing the said order no enquiry under the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 was conducted. The petitioner has also taken shelter of the principles of natural justice for impeaching the impugned order besides some other grounds.