RAJENDRA SAHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Diwakar Upadhyay, learned counsel appearing on behalf of the petitioner and Mr Manish Kumar, learned Sr. SC- III assisted by Mr. Rajesh Kumar Jha appearing on behalf of the State. PRAYER

(2.) The writ petitioner has knocked door of this Court for quashing the order issued vide Memo No. 60/D, dtd. 31/3/2022 (Annexure-12). Petitioner has further prayed for a direction upon the respondents to immediately reinstate him in sevice with full back wages, arrears of salary, seniority and all other consequential benefits along with statutory as well as penal interest, which would have been accrued to him. FACTS OF THE CASE

(3.) According to petitioner, an advertisement for selection of Police Constable was floated vide Advt. No. 01/2004, dtd. 13/1/2004, fulfilling requisite criteria, petitioner also applied for the said post and submitted the form on 15/2/2004. At the time of filling up of the form, no criminal case was pending against him. After filling up of the application form, all of a sudden, petitioner was arrested on 21/8/2005 in connection with Burmu P.S. Case No. 21/2004, dtd. 24/5/2004, registered against 12 named accused and 5 - 6 unknown persons, for the offences under Ss. 147/ 148/ 149/ 307/ 353 of the Indian Penal Code, under Sec. 25(1-b)a/ 26/ 27/ 35 of the Arms Act and under Sec. 17 of the CLA Act, pending before the Court of Additional Judicial Commissioner - XVII, Ranchi. Unaware about lodging of the said case, petitioner was arrested and subsequently granted bail vide order dtd. 5/12/2005 passed in B.P. No. 1405 of 2005. After his release and after successfully qualifying in all the tests, he was appointed to the post of Constable on 14/12/2005 and was posted in Palamau district Police having Constable No. 1436. After his selection, petitioner was discharging his duties to the satisfaction of the department.