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july 2008

Supreme Court of India · 2008-07-24

SUSHIL KUMAR YADAV vs STATE OF BIHAR .

Citation / case number
SC 2007/13138
Court
Supreme Court of India
Petitioner
SUSHIL KUMAR YADAV
Respondent
STATE OF BIHAR .
Author
A.K. MATHUR,P. SATHASIVAM, , ,
Bench
A.K. MATHUR,P. SATHASIVAM, , ,

Judgment text excerpt

The Supreme Court held that the termination of the appellant's service as a Constable was unjust, given that he was appointed on compassionate grounds due to his father's death while on duty during elections. The Court found that the initial appointment was made without following the proper selection procedure as per Rule 661 of the Bihar Police Manual, but emphasized the importance of equity in this case. Consequently, the Court set aside the termination order dated 24.1.2003 and reinstated the appellant, although he would not be entitled to back wages.

SUSHIL KUMAR YADAV vs STATE OF BIHAR . · Niyam