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2011 Supreme(SC) 283

ANIL R.DAVE, MUKUNDAKAM SHARMA
Rajesh Kumar Srivastava – Appellant
Versus
State of Jharkhand – Respondent


JUDGMENT

Dr. Mukundakam Sharma, J. —

1. Leave granted.

2. The appellant herein submitted his application offering himself as a candidate for the post of Munsif to be recruited by the respondents for which an advertisement was also issued. Pursuant to the aforesaid application filed by the appellant, he was called to appear in the various tests held, including the interview conducted by the High Court. He successfully completed his tests and consequently was declared successful in the year 2001.

3. After completing his training period, a notification was issued on 21.05.2002, appointing him as a Probationer Munsif. The said notification was issued by the Government of Jharkhand. He was posted at Dhanbad by a notification issued by the High Court. On 04.06.2002, he assumed the charge as Probationer Munsif at Dhanbad. On 15.07.2002, he was conferred with the power of Judicial Magistrate 1st Class. While he was discharging his duties as such, he passed an order on 06.01.2003, discharging all the accused under Section 239 Cr.P.C. in G.R. No. 4698 of 1995 under Sections 406, 408, 420, 120-B IPC.

4. A complaint from one Ram Kumar was received by the High Court on 04.03.2003, wherein it










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