SUNIL KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Being aggrieved by the impugned order of termination dated 04.10.2010 (Annexure -11), issued under the signature of the respondent no. 6, the captioned writ application has been filed for quashing of the said order and for direction to the respondents for reinstatement of the petitioner in service with all consequential benefits.

(2.) The facts, as disclosed in the writ application, in a nutshell, is that in pursuance to the order dated 27.11.1999 and 16.12.1999, passed in C.W.J.C. No. 2338 of 1998 (R) by the Hon'ble Patna High Court, Ranchi Bench as well as the order passed in M.J.C. No. 977 of 2002, a notice was published and widely circulated vide letter dated 20.03.2006, by the office of the Respondent No. 6 calling applications for filling up the vacant Class IV posts at Road Circle, Daltonganj. The petitioner being eligible candidate, applied in pursuance to the said notice for being appointed against a vacant Class IV posts annexing all the certificates including Matriculation certificate. Thereafter, another notice was also published and widely circulated vide letter dated 28.04.2006 calling applications for filling up the rest of the vacancies of Class IV posts by the Respondent no.6. The petitioner was called for interview by the duly constituted committee and the petitioner along with others were appointed on Class IV posts by the office order dated 19.07.2006 by the Respondent No. 6. The joining of the selected candidates including the petitioner was to be accepted after verification of their educational certificates as well as the School Leaving Certificate and the certificate of Employment Exchange. It is evident from Annexure -4 that all certificates of the petitioner bear his father's name as Braj Kishore Singh and not as Shri Rajendra Prasad Singh. The petitioner immediately gave his joining in pursuance to the office order dated 19.07.2006 and duly discharged his duties to the utmost satisfaction of his authorities without any complaint whatsoever and the service book of the petitioner was duly opened and maintained he was given the revised scale of pay and benefits of a regular employee. Surprisingly, the petitioner received a letter dated 16.12.2009, issued by the Special Secretary, Road Construction Department, Jharkhand, Ranchi informing him that he was appointed in pursuance to the order passed in C.W.J.C. No. 2338 of 1998 (R) by the Hon'ble Patna High Court, Ranchi Bench dated 27.11.1999 and 16.12.1999 and MJC No. 977 of 2002 and direction given by letter dated 27.10.2006, dated 11.03.2006 and 07.04.2006 in which one of the writ petitioner was Sunil Kumar Singh whose father's name was Sri Rajendra Prasad Singh whereas the name of his father is Sri Braj Kishore Singh and, as such, his case is not covered by the said order and the petitioner was directed to file his show cause on the proposed punishment of termination from services. The petitioner immediately filed his detailed show cause reply, but to the utter surprise and consternation, the services of the petitioner was terminated vide order dated 04.10.2010, issued by the respondent no. 6 vide Annexure -11 to the writ application.

(3.) Heard Mrs. Ritu Kumar, learned counsel for the petitioner and Mr. Himanshu Kumar Mehta, learned Additional Advocate General appearing for the respondents.