IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4463 of 2002 JYOTI KUMAR JHA Son of Shri Surya Kant Jha, R/O-Vill+P.O+P.S- Ghanshyampur, Distt-Darbhanga, at present posted as Constable/4937, Patna District Police Force and on deputation in the police headquarters doing work of Computer Operator in the office of DIG (Headquarters),Bihar, Patna………Petitioner Versus 1.THE STATE OF BIHAR 2.Home Secretary, Bihar, Patna. 3.DG & IG of Police, Bihar, Patna. 4.IG(Administration),Bihar, Patna. 5.Zonal ADG,Patna. 6.DIG, Central Range, Patna. 7.Senior Superintendent of Police, Patna………Respondents. ----------- For petitioner:-Mr. Ashok Kumar Singh, Adv Mr.Manish Kumar, Adv For the Respondents:-JC to SC-20 ----------- 7/ 28.11.2008 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is aggrieved by the impugned order contained in Annexure-16 dated 18.3.2002 whereby along with several other Constables he has also been dismissed from service on the ground that he was also appointed pursuant to directions of Mr. S.K. Saxena, Ex-Director General of Police. The relevant facts for deciding whether this Court should interfere with the removal of the petitioner from service or not lie within a narrow compass. Petitioner had applied for selection and appointment on the post of Constable in the district of Jamshedpur (then in the State of Bihar) - 2 - pursuant to advertisement no.2/95. The Roll no.was 285 and he was subjected to physical test and measurement of height etc. Petitioner has claimed that he was successful in the recruitment test and his name figured at Serial-54 in a list which he has annexed as Annexure-5. It is not in dispute that petitioner was not recruited as a Constable pursuant to his application at Jamshedpur. According to petitioner the Director General of Police required some computer knowing Constables and therefore wireless message was sent to the Superintendent of Police of all the districts. The wireless message is contained in Annexure-6. Petitioner has further claimed that his father made an application before the Superintendent of Police, East Singhbhum, Jamshedpur vide Annexure-8 and that was forwarded to the Director General of Police, Patna through Annexure-9 and on that basis petitioner was appointed as a Constable by the Senior. S.P., Patna on the orders of the then Director General of Police, Bihar. The direction of the Director General of Police for petitioner’s appointment dated 30.10.1996 has - 3 - been annexed as Annexure-12. It appears that against a large number of appointments made at the instance of the then Director General of Police, Mr. Saxena, complaints were received from various quarters including from the office of Accountant General through audit reports and the authorities decided to look into such complaints,. Pursuant to that petitioner also received a show-cause notice from the Senior S.P., Patna (Annexure- 13). He submitted his show-cause contained in Annexure-14 and thereafter the impugned order was passed. On behalf of petitioner it has been submitted that petitioner’s appointment cannot be treated to be contrary to provisions in the Police Manual or Articles 14 and 16 of the Constitution of India because he had already applied pursuant to an advertisement and while the selection process was going on, his application and case for recruitment was forwarded by the Senior S.P., Jamshedpur to the Director General of Police, Bihar and on that basis petitioner was offered appointment. He joined the post in 1996 and served till the - 4 - issuance of the removal order without any complaint and has also earned appreciation and awards. In the counter affidavit filed on behalf of the State it has been stated in paragraph-5 that petitioner has wrongly claimed that he was selected for the post of Constable pursuant to advertisement no.2/95. It has been disclosed that his height was measured as 176 Centimetres by the Recruitment Committee in Non Home Guard category and the last candidate appointed in that category had the height of 181 Centimetres and therefore petitioner had not been found of the required height to compete for selection in response to advertisement no.2/95. In view of the aforesaid undisputed fact the position in law is clear that petitioner was unsuccessful in getting selected for recruitment pursuant to advertisement no.2 of 1995. His recruitment under the directions of the then Director General of Police, Mr. Saxena is contrary to rules of recruitment and violates the constitutional mandate of Articles 14 and 16 of the Constitution of India. Similar appointments made by Mr.Saxena or even made - 5 - earlier were the subject matter of a batch of cases in which this Court decided against the terminated employees like the petitioner by the Division Bench judgment in the case of Hem Kant Jha V. The State of Bihar reported in 2007(3)PLJR 657. This Court finds no good reasons to take a different view than what has been taken by the Division Bench in the aforesaid case of Hem Kant Jha. It is useful to point out here that even the wireless message contained in Annexure-6 from the office of Director General of Police required selection of three newly recruited Constables from each districts. Petitioner’s name could not have been sent as a recruited Constable from Jamshedpur because he had obviously failed to get selected and recruited. Considering all the facts and circumstances and the Division Bench judgment noticed above this Court finds no merit in the writ petition. It is, therefore, dismissed. perwez (Shiva Kirti Singh,J.)