Jharkhand High Court: Sanjay Kumar Dwivedi, J. dismissed the petition and no relief given to the petitioners.
The facts of the case are that the petitioners herein were appointed by Jharkhand Staff Selection Commission on the post of constable after clearing the preliminary exam, mains exam, interview and medical examination pursuant to which all were declared successful. The appointment letters were issued and the training was given and completed. However, they were dismissed from service vide order dated 03.07.2018, 27.07.2018 and 01.08.2018. Pursuant to the order of the High Court dated 11.08.2017 medical board was reconstituted and the petitioners appeared for the examination and were declared to be unfit. Hence the instant writ petitions were filed seeking quashing of the dismissal orders as aforementioned.
Counsel Anil Kumar Sinha, Abhishek Sinha, Ranjan Pd. Ram, A.K. Sahani and Piyush Chitresh represented the petitioners. It was submitted that the petitioners have been dismissed from service without any departmental proceeding or any show-cause notice in spite of the petitioners having completed their training post-appointment order. Hence in absence of show cause and without following the principles of natural justice the impugned orders are not tenable and are fit to be quashed by this Court.
Counsel for the respondent, Sanjoy Piprawal, Manoj Kumar, P.A.S. Pati, and Rohan Kashyap submitted that if the petitioners in the present case were aggrieved by the decision to hold a fresh process, they did not espouse their remedy. Instead, they participated in the fresh process of selection and it was only upon being unsuccessful that they challenged the result in the writ petition. This was clearly not open to the appellants. The principle of estoppel would operate.
Court relied on a judgment titled Ashok Kumar v. State of Bihar, (2017) 4 SCC 357 and held that it is a well-settled proposition of law that once a person participated in the proceeding, they are not allowed to challenge the same. He further observed that if the petitioners were aggrieved by the decision to hold a fresh medical examination they were bound to explore the remedy in the law instead they participated in the fresh process of selection and upon being unsuccessful and dismissal they challenged in these writ petitions. This was clearly not open to the petitioners. The principles of estoppel would operate.
In view of the above, the petition stands dismissed and disposed of.[Santosh Kumar v. State of Jharkhand, 2020 SCC OnLine Jhar 737, decided on 05-08-2020]
*Arunima Bose, Editorial Assistant has put this story together
