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6. We have heard Mr. Gopal Singh, learned counsel for the State of Bihar and Mr. Manoj R. Sinha, learned counsel for the respondent.

7. Learned counsel for the appellant submitted that the Division Bench erroneously followed the judgment in C.W.J.C. No. 5279 of 2004 which was distinguishable as therein no show cause notice was issued while in the present case, a show cause notice was duly issued to the respondent. Referring to the order of appointment, it was submitted that the present was a case of backdoor appointment without any advertisement or selection process. It was also pointed out that another Division Bench of the same High Court in Hemkant Jha etc. etc. vs. The State of Bihar & Ors. (L.P.A. No. 625 of 2003 etc.etc. decided on 18.7.2007) dealt with a group of identical matters, on remand by this Court, and upheld termination of services of police constables appointed without any selection. Therein, it was observed:

10. The only question for consideration is whether the appointment of the respondent made without any advertisement or selection process can be considered to be a valid appointment to a public post protected under Articles 14 or 311 of the Constitution of India?

11. On due consideration, we are of the view that the impugned judgment cannot be sustained for the reasons that follow.

12. The order of appointment, in the present case, is as follows:

“In the light of the order passed by the Inspector General of Police, Criminal Investigation Department, Bihar, Patna, vide his Letter No. 6/86 F3 Sh. Chandeshwar Pathak, s/o Sh. Devnarayam Pathak of Village Haraji, P.O. Haraji, PS- Dimbara, District- Chhapra was appointed as Constable temporarily from 14.01.1988 afternoon on the condition that his previous character found satisfactory and as and when necessary, his service shall be terminated without assigning any reason or show cause. His pay scale shall be Rs.425-10565 EB-10-605 with the basic pay of Rs.425/-. He has been allotted the CT No. 390.”