OM PRAKASH RAJAK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS Letters Patent Appeal is preferred against the order dated 2.12.2013 passed in W.P.(S) No.1624 of 2012 dismissing the writ petition and declining to quash the order dated 15.2.2010 passed by the Superintending Engineer, Building Circle, Hazaribagh rejecting the representation of the appellant for joining the post of Class -IV.

(2.) PURSUANT to the advertisement, the appellant had applied for appointment to the post of Class -IV group in the Building Construction Department in the District -Hazaribagh. The appellant appeared in the examination for the said post and was declared successful and thereafter he was issued appointment letter vide office order dated 28.1.2009. Vide letter dated 7.2.2009 (Annexure -2) the appellant was directed to report for joining within seven days. Again vide letter dated 19.2.2009 (Annexure -3), the appellant was directed to give his joining within three days. The appellant could not give his joining as he was under judicial custody in connection with a criminal case under Section 376 IPC and he was in jail custody from 26.3.2008 to 23.3.2009. When the appellant was released on bail, he went to give his joining on 25.3.2009 but the respondents refused to permit him from joining. The appellant was finally acquitted in Sessions Trial No. 357 of 2008 vide judgment dated 15.5.2009.

(3.) THE appellant filed writ petition being W.P.(S) No. 239 of 2010 against the order of refusal of his joining and the same was disposed of on 27.01.2010 directing the respondents to consider the case of the appellant. The appellant represented before the Superintending Engineer for his joining. Vide Memo No. 349 dated 15.02.2010, the claim of the appellant was rejected saying that other persons have already joined against the sanctioned post and further there is no vacant post existing. The appellant thereafter filed writ petition being W.P.(S) No.1624 of 2012 and the same was dismissed and hence this Letters Patent Appeal.