ORAL JUDGMENT

Date : 08-01-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed to direct the concerned respondent to accept the re-joining of the petitioner after released on bail and for grant of all consequential benefits in the light of his joining on the post of Constable in Gopalganj district Police Force in response to the appointment letter issued vide Memo No. 386/CSBC, Patna dated 02.06.2013 annexed as Annexure-5 and further for directing the concerned respondent to depute the petitioner on appropriate place in accordance with Bihar Police Manual as well as Bihar Government Servant (Classification, Control and Appeal) Rules 2005 (hereinafter referred to as “CCA Rules, 2005”) of the rules 9 and 10 for the Government employee.

3. Learned counsel for the petitioner submits that the petitioner was appeared in the examination of CSBC (Central Selection Board of Constable, Bihar, Patna) in the light of the advertisement of 2012. Counsel also submits that the petitioner was appeared in the written test and after the screening, he was qualified in the merit list and the final selection list after written test and PET for appointment on the post of Constable, District- Gopalganj has been published in which roll number of the petitioner was figured at 3rd place from the bottom of the list annexed as Annexure-4. Counsel further submits that the petitioner received appointment letter issued vide Memo No. 386/CSBC, Patna dated 02.06.2013 for joining, but on the basis of allegation of commission of illegal action, the FIR has been lodged bearing Gopalganj Town P.S. Case No. 217 of 2014 dated 26.05.2014 annexed as Annexure-6 in which the petitioner was taken into custody and he was enlarged on bail by the Hon’ble High Court in Cr. Misc. No. 69074 of 2018 dated 30.11.2018 annexed as Annexure-7. Counsel submits that after releasing on bail, the petitioner submitted his joining in the office of Superintendent of Police, Gopalganj on 15.12.2018, but still, Superintendent of Police, Gopalganj did not go through the Bihar Police Manual as well as CCA Rules, 2005 and re- joining of the petitioner could not be accepted by the Superintendent of Police, Gopalganj. In this regard, counsel submits that such action made by the respondents is nothing but gross violation of CCA Rules, 2005 according to which, a suspension letter has to be issued and then departmental proceeding has to be initiated under CCA Rules, 2005, and then only, any action ought to be taken. Counsel for the petitioner submits that in doing so, there is a gross violation of natural justice and as such, respondent was directed to accept the joining of the petitioner and then to take action according to the Bihar Police Manual and CCA Rules, 2005.

4. Learned counsel for the respondent on the other hand submits that the petitioner has no case at all. Counsel submits that on 02.06.2013, the Secretary of the Central Selection Board of Constable, Bihar, Patna has issued appointment letter in favour of the petitioner, but upon joining, when the photograph, weight, height and chest of the petitioner and other candidates were measured, then it was found that there is discrepancy/variation in the same and accordingly, a criminal case was instituted against this petitioner and two others under Gopalganj Town P.S. Case No. 217 of 2014 on 26.05.2014. It has also been stated that Gopalganj Police District Force pursuant to selection process for recruitment of candidates by the Constable Selection Board under advertisement of 2012, total 134 candidates were recommended for their appointment with their credentials. The District level Board was constituted to examine the documents of each and every candidate along with their physical examination and compare the same with the documents available with their recommendation. The District Level Board has carried out the verification of documents between 10.07.2013 to 12.07.20