The Orissa High Court directed reinstatement of a police constable who was terminated from service 25 years ago on the ground of deficiency of height by 1 cm.
Th court directed the authorities to condone the height of 1 cm and allow him to resume training for left out period and continue in service as before.
Dolamani Bishi, was selected and appointed as Writer Constable,on 16.08.1993. He had passed all the required tests of reading, writing, running, swimming, cycling etc., along with measurement of weight and height, with other 24 persons. The height was recorded as 168 cm, chest 81/90 and weight 65 kg. While he was under training in Police Training School, he was discharged from service on the ground that his height was later found to be 167 cm, which was 1 cm less than the requisite standard. This happened in 1995. The same year, he challenged this order of discharge before Odisha Administrative Tribunal. This application was dismissed on 22.07.2010, about fifteen years later. Bishi challenged this order before the Orissa High Court by filing a writ petition in 2010 itself.
On Friday, the division bench of the Chief Justice Mohammad Rafiq and Justice BR Sarangi, finally heard the petition. The court noted that the discharge from service is only because of deficiency of height by 1 cm. The court said that, it was, on satisfying the requirement Bishi was selected and appointed, pursuant to which he joined the service and undergone training, subsequent re-measurement, was not permissible in law. It said:
"Once the selection committee by applying its mind and taking recourse to the process of selection found the petitioner eligible and accordingly selected him and given appointment, subsequently that should not have been lightly interfered with by any authority. As such, by getting appointment and continuing in service and by undergoing training a right has been accrued in favour of the petitioner. Therefore, the same should not have been dislodged in a capricious manner by the authority concerned, as has been attempted to be done in the instant case. Meaning thereby, if the petitioner, for some reason or other, does not satisfy any of the requirements of the selection process, in that case the authority should have given opportunity of hearing to the petitioner. Rather, on the basis of the representation filed by the petitioner, the case of the petitioner was considered by the DG & IG of Police, Odisha and recommended to the Government for relaxation and the Government while passing the order has not given any opportunity of hearing to the petitioner. Thereby, there is non-compliance of principle of natural justice."
As he has not rendered any service during the interregnum period, as he was reverted from the training itself, this Court is not inclined to grant any financial benefits to him by applying the principle of no work no pay, the bench clarified.
Case name: Dolamani Bishi vs. State of Odisha Case no.: D.B. Writ Petition (Civil) No.15510 of 2010 Coram: Chief Justice Mohammad Rafiq and Justice BR SarangiCounsel: Adv S. Mohanty, Addl. Govt. Adv A.R. Dash
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