TAPATI RANI MANDAL Vs. STATE OF JHARKHAND, THROUGH THE DIRECTOR, JHARKHAND EDUCATIONAL PROJECT COUNCIL, RANCHI

JUDGEMENT

(1.) Petitioner by way of filing this writ petition under Article 226 of the Constitution of India has prayed that the order contained in Memo No.385 dated 17.4.2006, passed by the Deputy Commissioner, Dumka, respondent no.2, terminating the services of the petitioner (Annexure-11) be quashed and set aside.

(2.) Learned Senior Counsel for the petitioner submitted that the impugned order, terminating the services of the petitioner, was passed in collusion with Nirmal Tuddu, respondent no.9. Learned Senior Counsel for the petitioner further submitted that impugned order dated 17.4.2006 (Annexure-11) is non-speaking order and has been passed in violation of principles of natural justice. Learned Senior Counsel for the petitioner further submitted that Deputy Commissioner, Dumka passed the order in pursuance of the direction given by this Court in W.P.(C) No.2542 of 2005 and rejected the claim of the petitioner. It is submitted that the said Nirmal Tuddu filed a writ petition before this Court challenging the appointment of the present petitioner and in pursuance of the order passed in the said writ petition, the Deputy Commissioner, Dumka passed the impugned order (Annexure-11).

(3.) Learned Senior Counsel for the petitioner, while referring various documents annexed to this petition, submitted that petitioner was fulfilling the requisite qualification and requirement for the appointment in question; however, at the instance of said Nirmal Tuddu, the appointment of the petitioner was ordered to be cancelled. It is submitted that the main reason assigned is that the petitioner was not belonged to the local area, which was one of the essential qualifications for the appointment to the post.