Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service law: Dismissal from service - Post of constable |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service law: Dismissal from service - Post of constable - Appellants selected as constable on the basis of their height being more than height of last candidate in respective categories - Dismissed from service 4 years after their appointment on the ground that their height was not accurately recorded on account of manipulation and that on re- measurement their hEiight was found to be less than the height of last person selected - Held: The allegation of manipulation was duly enquired into and a finding was recorded against the appellants - Irrespective of the question whether the criteria adopted in making the selection on the basis of more height of candidates was valid, the fact remained that the appellants were held to have manipulated and got their height wrongly recorded more than their actual height - At the same time, responsibility for correct recording of the height is of the Department and after the appellants were duly selected and appointed, and were in service for four years, their termination, in facts and circumstances, would be too harsh - In these circumstances while the appellants are not entitled to reinstatement, the respondent is directed to give fresh appointment to the appellants as constables against available vacancies within thre19 months - Bihar Police Manual, 1978 - r.663(b) - Bihar Polioe Act, 2007. |
Judge | Hon'ble Mr. Justice Adarsh Kumar Goel |
Neutral Citation | 2014 INSC 581 |
Petitioner | Abhay Kumar Singh & Ors. |
Respondent | State Of Bihar & Ors. |
SCR | [2014] 7 S.C.R. 606 |
Judgement Date | 2014-09-02 |
Case Number | 8450 |
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