SONU THAPA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Aggrieved by judgment and order dated 28.11.2008 passed in W.P.(S) No. 4271 of 2006 whereby and wherein the writ petition preferred by the appellant has been dismissed, the present Letters Patent Appeal has been filed. The brief facts of the case are that, after the father of the appellant died in harness, vide memo. No. 6351 of 2000 dated 06.11.2000, the appellant was appointed as Child Constable on compassionate ground. The appellant was implicated in a criminal case being Ratu P.S. Case No. 134 of 2004 registered on 16.09.2004 for the offences under Sections 25(1b)a/26/35 of the Arms Act and he was taken into judicial custody. Vide memo. dated 07.10.2004, the appellant was dismissed from service without affording an opportunity of hearing to him. The appellant preferred the statutory appeal which was also dismissed by order dated 12.01.2005. In the meantime, by judgment and order dated 29.08.2005 in G.R. Case No. 2776 of 2004, the appellant was acquitted from the criminal charges levelled against him. Thereafter, the appellant submitted a representation dated 28.09.2005 for retaining him on the post of Child Constable. The appellant submitted representation to the Director General of Police, Jharkhand also however, no order was passed by the respondents and therefore, the appellant approached this Court by filing W.P.(S) No. 4271 of 2006 which has been dismissed by the impugned order dated 28.11.2008.

(2.) We have heard the learned counsel appearing for the parties and perused the documents on record.

(3.) The learned counsel appearing for the appellant has submitted that, the appellant was dismissed from the post of Child Constable on 07.10.2004 on the ground that he was implicated in a criminal case and the appellant since been acquitted of the criminal charge by the learned trial court, the appellant should have been reinstated on the post of Child Constable. It is submitted that in terms of the Government Circular dated 11.08.1988, the appellant would be entitled for appointment on the post of Constable on attaining the age of 19 years subject to fulfilling the criteria laid down therein and since the appellant has been dismissed from the post of Child Constable because of institution of a false case against him, he would be deprived of the benefit under Government Resolution dated 11.08.1988.