JUDGMENT :

Adarsh Kumar Goel, J.

1. Leave granted.

2. This appeal has been preferred by the State of Bihar against the order dated 05.01.2012 of the Division Bench of the High Court of Judicature at Patna in L.P.A. No.945 of 2010, which has the effect of quashing the order dated 26.09.2003 passed by the of Criminal Investigation Department, Patna, Bihar, terminating the services of the respondent herein.

3. The respondent was temporarily appointed to the post of constable by the Inspector General of Police, Criminal Investigation Department, Patna, Bihar, vide his order dated 14.01.1988 with the stipulation that his service could be terminated without assigning any reason or show cause. In the year 2000, the High Court of Patna considered the issue of backdoor appointments made in the police department in another case which led to a direction by the Department of Home (Police), Government of Bihar dated 04.09.2000 to the Police Headquarter, Bihar to review irregular appointments and to remove such appointees from service.

4. Accordingly, a show cause notice dated 10.09.2003 was issued to the respondent-writ petitioner asking him why his appointment should not be cancelled and since no v