ARUN KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THESE writ petitions have been preferred mainly for the reason that though the petitioners were appointed on the post of Police Constable in the year 1996 -97 and though they were working smoothly to the satisfaction of the respondents, their services have been terminated in the month of December, 2002, unilaterally and arbitrarily. Thus, after putting approximately 5 -6 years of services, the services of the present petitioners have been terminated without holding any enquiry and without giving an adequate opportunity of being heard to the petitioners. In support of this contention, counsel for the petitioners is relying on a decision rendered by this Court in a case of Hare Krishna Singh [in W.P.(S) No. 6717 of 2006] Shiv Shankar Pandey [in W.P.(S) No. 4191 of 2006) V/s. The State of Jharkhand and Ors. as reported in 2009(1) JLJR 584. It is submitted that the facts of the aforesaid decided case are much similar to the facts of the present case. It is vehemently submitted by the counsel for the petitioners that the petitioners' services have been terminated mainly on the ground that their appointment de hors the law, but, no provision of any law, rules, regulations or statutory and enforceable Government orders or even rules of thumb has been quoted in the impugned order at Annexure - 10 whereby services of the present petitioners have been brought to an end. In fact, if proper opportunity of being heard would have been given to the petitioners, the petitioners would have pointed out that their appointments were absolutely legal and there is no violation of any law in the year 1996 -97 and therefore, the impugned order dated 10th December, 2002 at Annexure -10, deserves to be quashed and set aside.

(2.) I have heard counsel appearing on behalf of the respondents, who has submitted that as the petitioners were not appointed in accordance with law, the services of the petitioners have been terminated vide order dated 10th December, 2002 by respondent no. 3. It also submitted by the counsel for the respondents that the State of Bihar vide their letter dated 4th September, 2000 has given a direction to terminate the services of the present petitioners and therefore, petitioners are not entitled for any relief, as prayed, in the memo of the petition.

(3.) AS a cumulative effect of the aforesaid facts, reasons and judicial pronouncerments, I, hereby, allow these writ petitions. The respondents are at liberty to give adequate opportunity of being heard to the petitioners and thereafter, they are at liberty to pass order about the services of the present petitioners. Till then, the termination order dated 10th December, 2002 of the present petitioners are hereby quashed and set aside.