Case Note & Summary
The case involved a civil appeal by an employee whose service was terminated by the State of Bihar. The appellant, Sushil Kumar Yadav, was appointed as a Constable in the Police Department on 12.2.1993 after his father died during election operations. His appointment was made on a mercy petition basis, as directed by the Chief Minister, but was later terminated on 24.1.2003 due to non-compliance with the Bihar Police Manual, which required a selection committee for such appointments. The appellant's subsequent writ petition was dismissed by the High Court on 16.8.2005, and his Letters Patent Appeal was also dismissed on 24.1.2007. The Supreme Court, upon reviewing the case, noted that the initial appointment was indeed an infraction of the Rules, as the proper selection procedure was not followed. However, the court emphasized the equity involved in the case, considering the appellant's long service and the circumstances surrounding his father's death. The court decided to set aside the termination order and allow the appellant to be reinstated, although he would not be entitled to back wages. The appeal was allowed without any order as to costs.
Headnote
A) Employment Law - Termination of Service - Justification of Termination - Bihar Police Manual, Rule 661 - The appointment of the appellant was found to be an infraction of the Rules as it did not follow the required selection procedure. However, the court held that equity necessitated the appellant's reinstatement due to the circumstances of his father's death while on duty, despite the lack of a formal compassionate appointment rule. Held that the appellant should be allowed to continue in service without back wages (Paras 1-3).
Issue of Consideration
Whether the termination of the appellant's service was justified despite the procedural infraction in his appointment.
Final Decision
The Supreme Court set aside the termination order dated 24.1.2003 and reinstated the appellant without back wages.
Law Points
- Equity in employment
- compassionate appointment
- procedural compliance
- reinstatement without back wages
