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Abhay Kumar Singh v. State of Bihar

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 8658 of 2014)Decided 2 Sept 2014
Civil Appeal No. 8658 of 2014
Justice T.S. Thakur · Justice Adarsh Kumar Goel · Justice R. Banumathi

Background

Constables were selected under a height-based ranking but dismissed after remeasurement showed their heights had been overstated. An inquiry found manipulation, although they met the minimum height and had worked for four years. During their challenge, Bihar revised recruitment to rank candidates by a written examination instead.

Decision Breakdown

The Supreme Court treated the wider dispute over ranking by height as academic after the rule change. It did not set aside the finding that the appellants had obtained incorrect recorded heights. However, the department bore responsibility for measurement and dismissal after four years was too harsh in the circumstances. The Court ordered fresh appointments against available vacancies within three months, without back wages or continuity of past service.

Lesson Learnt

Relief against harsh employment action may be limited to a fresh start. A court can grant a new appointment without granting old seniority or salary for the period out of service.

Official source (sci.gov.in)View Judgment (PDF)

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