RAJESH KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Prayer in this writ application has been made for issuance of a writ of certiorari for quashing the order dated 12.6.2007 (Annexure -6) issued vide memo No. 4314 by the Superintendent of Police, Hazaribagh (respondent No. 4), whereby and whereunder the petitioner's appointment on the post of constable after being selected, has been cancelled and the petitioner has been dismissed from service. A further prayer has been made for issuance of a writ of mandamus commanding upon the respondents to reinstate the petitioner on the post of constable in which he was working, on the ground that he comes within the zone of consideration since he had qualified in the entire test and was declared successful by the Selection Board and he joined his service after receipt of the appointment letter issue to him.

(2.) THE case of the petitioner in short, is that in response to the advertisement published in the newspaper inviting applications from candidates for their appointment to the post of constable, the petitioner had applied and he was allotted admit card bearing roll No. 3331. He had appeared at the written test as also at the other requisite tests including physical test, in which he was found to be eligible both by virtue of his qualification of being a matriculate and also by virtue of possessing the requisite physical standards. After following the entire selection procedure, the Selection Board had found the petitioner successful and issued appointment letter to him on 23.4.2007. Upon receipt of his appointment letter, he joined his post of constable, which was accepted in the District of Hazaribagh, and he was allotted constable No. 1394 and had also received salary for one month.

(3.) THE petitioner submitted his reply to the show -cause notice but his reply was not accepted and by the impugned order dated 12.6.2007 (Annexure -6), he was dismissed from service.