IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.809 of 2011 ----------- Appeal against the judgment and order dated 6-12-2010 passed by a Bench of this Court in C.W.J.C. No. 4634 of 2006. ---------- Laxman Lal Karn, S/O Late Kusheshwar Lal Karn, R/O Sisouni, P.S. Harlakhi, District- Madhubani... Appellant Versus 1. The State Of Bihar 2. The Secretary-cum-Commissioner, Department of Home,Bihar, Patna 3. The Deputy Secretary, Department of Home, Bihar,Patna. 4. The Director General of Police Bihar, Patna. 5. The Superintendent of Police, ( Crime ) Bihar, Patna. 6. The Superintendent of Police, Special Branch, Bihar, Patna.........................................................................Respondents --------------- 3 12-8-2011 Heard learned counsel for the appellant and learned counsel for the State. From the facts admitted, it is apparent that the appellant was appointed as a constable without undergoing any process for appointment and without competing with others. He has been subsequently removed after giving opportunity of show cause on the ground of appointment being illegal. It has been submitted on behalf of appellant that since he had served for more than ten years, hence his case has to be treated as a case of irregular appointment and not 2 illegal appointment. On the basis of several judgments of the Apex Court as considered by the Constitution Bench in the case of Secretary State of Karnataka Vrs. Uma Devi, reported in 2006(2) PLJR 363 (S.C.), we have no difficulty in categorizing the appointment of the appellant as illegal because it was in dis-regard to the constitutional mandate that public appointment must be after considering claims of other eligible persons. His appointment was also in disregard of the entire selection procedure prescribed under the Rules. Hence, the first submission is found to be without substance. It has further been submitted that even in case of allegation that appointment was illegal, there should have been a departmental proceeding for removal of the appellant and it could not have been done on the basis of show cause only. We find no merit in this submission also because a departmental proceeding is initiated for omission or commission committed in course of a valid appointment. In case of challenge to the legality of appointment itself, only a fair enquiry is required in which after giving an opportunity of show cause, an illegal appointee can be 3 removed. We find no merit in this appeal. It is, accordingly, dismissed. Naresh ( Shiva Kirti Singh, J.) ( Amaresh Kumar Lal,J)