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SANJAYA KUMAR MISHRA, ANANDA SEN
State of Jharkhand Through the Secretary, Home Department – Appellant
Versus
Jyotish Kumar Paswan, son of Sri Shital Paswan – Respondent
ORDER :
(Ananda Sen, J.)
1. By filing this Letters Patent Appeal, the State of Jharkhand through the Secretary, Home Department and others have assailed the order passed by learned Single Judge on 22.10.2021 in W.P.(S) No.2511 of 2014, whereby the writ petition filed by the petitioner-respondent, seeking to quash the order contained in Memo No.47 dated 09.01.2013 by which the petitioner was terminated from his service under Rule 668(Ka) of the Jharkhand Police Manual, has been allowed.
2. The writ petitioner was appointed as Constable in Chatra District on 31.12.2011. He was sent for training. Writ petitioner-respondent was served with a notice with an allegation that at the time of selection, he had not appeared in the Physical Test, rather someone impersonating him with connivance of others to help him getting the appointment, had appeared. A First Information Report was also lodged with the aforesaid allegation on 02.11.2012. Petitioner replied to the show cause denying all the allegations, but the respondent-appellants, after receipt of reply to the show cause, issued the order of termination as contained in Memo No.47 dated 09.01.2013. The only grievance of the writ petitioner-r
A stigmatic charge of obtaining appointment by fraud requires proper evidence and a regular Departmental Enquiry, as highlighted in relevant case law.
A probationer is entitled to certain protection, and his services cannot be terminated arbitrarily or in a punitive manner without complying with the principles of natural justice.
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