STATE OF JHARKHAND Vs. SECRETARY

JUDGEMENT

(1.) Heard learned counsel for the appellant State and learned counsel for the respondent writ petitioner.

(2.) The appellant State is aggrieved by the impugned Judgment dated 06. 09. 2016, passed by the Hon'ble Single Judge, in W. P. (S) No. 4702 of 2013, whereby the writ application filed by the respondent writ petitioner, initially challenging the show cause notice issued to him, and subsequently also challenging the orders of termination of his service from the post of Director, Science and Technology, vide order dated 23. 10. 2013, passed by the Additional Chief Secretary, Department of Science and Technology, Government of Jharkhand, Ranchi, as also the follow up notification dated 25. 10. 2013, which were passed during the pendency of the writ application, has been allowed by the Writ Court, quashing both the aforesaid orders, and directing for reinstatement of the writ petitioner in service, giving him the continuity of service from the date of termination till reinstatement, but without any salary for that period.

(3.) Sans unnecessary details, the facts of this case are that an advertisement was published in the year 2005, by the Jharkhand Public Service Commission, (herein after referred to as the 'JPSC'), inviting applications for the appointment to the post of Director, Science and Technology, in the State of Jharkhand. It is the case of the writ petitioner that he was having the qualification prescribed for the post as given in the advertisement. He applied for the same and was duly selected for the post by an Expert Committee, which even included the Secretary of the Department of Science and Technology. The respondent writ petitioner joined his post on 05. 09. 2006, pursuant to the appointment letter issued to him after the approval of the Cabinet of the State Government.