High CourtsSingle Bench(2005) 08 PAT CK 0075

Dhuplal Rai and Others vs State of Bihar and Others

Patna High Court · Decided on 12 August 2005 · Citation: (2006) 3 BLJR 2156 : (2005) 4 PLJR 66

HON’BLE JUDGES
Narayan Roy, J
RESULT
Dismissed
CASE NUMBER
C.W.J.C. No. 2087 of 2002

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Judgment

6 paragraphs · 191 words

Narayan Roy, J.—Heard counsel for the parties. The petitioners are aggrieved by the order of termination.

2.

According to the case of the petitioners, they were appointed by the then Director General-cum-Inspector General of Police, Shri S.K. Saxena, without any advertisement.

3.

Learned counsel for the petitioners submitted that the Director General-cum-Inspector General of Police has jurisdiction to appoint certain persons even without advertisement.

4.

JC to SC 6 on the basis of counter affidavit submitted that the appointment of the petitioners since was found ab initio void, they have been terminated. It has also been submitted that appointments made beyond the procedures prescribed under law are invalid appointment, as they cannot be said to be in consonance with Articles 14 and 16 of the Constitution, and, therefore, all appointments made by the then Director General-cum-Inspector General of Police in the same manner have been cancelled. No ground, whatsoever, has been made on behalf of the petitioner to justify their appointments without advertisement.

5.

Appointment of the petitioners in that view of the matter, must be held to be ab initio void and wholly without jurisdiction.

This application is accordingly, dismissed.