Nearly 15 years after he was sacked for not meeting the height criterion by a meagre one centimetre,the Supreme Court has directed reinstatement of a police constable after it was found that the termination was based on wrong assessment.
A Bench of Justices H L Dattu and A R Dave,however,ruled that Md Masaud Alam would not be entitled to any back wages from the date of his termination,though the period would be reckoned for the purpose of calculating his pensionary benefits.
The apex court passed the order while upholding an appeal by Alam challenging a judgment of the Patna High Court which quashed a single judges order,directing his reinstatement.
Alam,along with several others,was sacked in March 1997 for failing to meet the minimum height requirement of 165 cms height under the Police Order No 202 of 1988 of Bihar government. He was appointed constable in October,1992 and served till 1997.
During the pendency of the case in the high court,a DIG of police measured the height of the constable and gave a report that he was 164 cms tall. However,Alam contended and asserted that his height was 165.5 cms and not 164 cms as recorded in the DIGs report.