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2017 Supreme(Jhk) 1549

APARESH KUMAR SINGH, B.B.MANGALMURTI
Mukesh Kumar – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioners: Amritansh Vats, Gaurav Raj.
For the Respondents: Himanshu Kr. Mehta, Sharad Kaushal, Sanjoy Piprawall, Prince Kumar.

JUDGMENT :

1. Heard learned counsel for the parties.

2. The petitioners laid a challenge to the vires of Rule 7 (ka) and (kha) of the Jharkhand State Police Sub-Inspector Limited Departmental Competitive Examination Appointment Rules (Recruitment a Procedure), 2016 inter-alia grounds which have been usefully referred to in our order dated 14.11.2017. For better appreciation the order dated 14.11.2017 is quoted hereunder:

"Learned counsel for the petitioner urged two main grounds to question the vires of Rule 7 (ka) and 7(kha) of Jharkhand State Police Sub-Inspector Limited Departmental Competitive Examination Appointment Rules (Recruitment Procedure), 2016: (i) that the rule is in teeth of the existing provisions of Police Manual contained in Rule 726 (III) which lays down Disqualification for admission to a promotion list or retention thereon in case any incumbent has faced any major punishment in any rank within last three years (ii) the impugned Rule 7(k) renders a candidate ineligible in case he has faced any major punishment from the date of entry in service till appointment letter is issued or in case a Departmental Proceeding/Judicial Proceeding is pending or charge-sheet have




































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