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RAJESH SHANKAR
Sudhakar Thakur – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
Rajesh Shankar, J.
1. The present writ petition has been filed for quashing the orders as contained in memo no. 9048 and memo no. 9092, both dated 12.11.2018 (Annexure-10 series to the writ petition) issued with respect to the petitioner no. 1 and the petitioner no. 2 respectively by the respondent no. 5 – the Senior Superintendent of Police, Ranchi, whereby they have been discharged from service of the post of constable. Further prayer has been made for quashing the orders as contained in memo no. 536 and memo no. 533, both dated 01.03.2019 (Anneuxre-11 series to the writ petition) issued both with respect to the petitioner no. 1 and the petitioner no. 2 respectively by the Deputy Inspector General, South Chotanagpur Range, Ranchi, whereby the memorial appeals filed by them have been dismissed. The petitioners have also prayed for issuance of direction upon the respondents to reinstate them in service.
2. Reference may be made to order dated 16.01.2024 which reads as under:
22. That it is sta
Illegal appointments cannot be perpetuated, and mere continuation in service does not confer rights; reinstatement is not permissible if the appointment was void ab initio.
Innocent appointees of an erroneous evaluation should not be ousted from service, especially when there is no fraud or misrepresentation on their part.
The termination of an employee must be based on valid grounds and must follow principles of natural justice, and lack of fraud, misrepresentation, or misconduct on the employee's part can render the ....
Mere pendency of a criminal case does not disqualify a candidate for public service if the allegations are trivial and disclosed during the application process.
Inadvertent category error in application form does not justify candidature cancellation if disclosed suo motu, documents valid, and candidate qualifies on ESM own merit.
The court emphasized the necessity of compliance with government orders and fair treatment in recruitment processes, ruling against arbitrary actions by authorities.
Discharge based on false caste representation is unjustified if the candidate disclosed accurate information during recruitment and relied on the appointment for an extended period.
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