IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No. 5140 of 2005 ABHAY KUMAR SINGH, SON OF SHRI KAMTA SINGH, RESIDENT OF VILLAGE-DAULATPUR (DIH), P.O.- DAULATPUR, GANDHI TOLA, P.S.-GAURICHAK, DISTRICT- PATNA …………………. PETITIONER VERSUS 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA 2. THE DIRECTOR GENERA-CUM-INSPECTOR GENERAL OF POLICE, BIHAR, PATNA 3. THE DIG OF POLICE, MAGADH RANGE, GAYA, 4. THE S.P., AURANGABAD ……………………. RESPONDENTS FOR THE PETITIONER: MR. RAM HRIDAY PRASAD, ADV. FOR THE RESPONDENTS: MR. RAJEEV LOCHAN, AC TO GA-9 ----------- 05. 11.05.2011 Heard learned counsel for the petitioner and the State. Petitioner had applied for his appointment in response to Advertisement No. 01/98. He was selected and appointed on the post of Constable in the General Category. During selection, petitioners height was measured 179.5 centimeter by the Selection Committee. But at the time of joining, when he was measured by the Superintendent of Police, Aurangabad, it was measured 179 c.m. only. The petitioner was allowed to join, despite this discrepancy. However, subsequently, a proceeding was initiated against him. Show-cause notice was 2 issued and finally he was dismissed from service, after remaining in service for three years. The termination order issued by the Superintendent of Police, Aurangabad was challenged by filing an appeal, which was dismissed. Counsel for the petitioner submits that the similar termination order had been challenged by one Badsah Chauhan, who has also been selected and appointed in the similar manner. The Writ Application was allowed considering the fact that minimum height fixed for applying for the post, as disclosed in the Advertisement No. 01/98, was only 165 c.m. Petitioner’s height being more than that, he should not have been terminated from his service after being selected and appointed for the post. Against the order, passed in the case of Badsah Chauhan in C.W.J.C. No. 4868 of 2002, L.P.A. No. 627 of 2008 was filed by the State, which was dismissed. SLP (Civil) No. 8962 of 2010, preferred before the Apex Court, was also dismissed. Considering that facts of the petitioner’s case is identical to the facts of Badsah Chauhan’s case and the Order passed in these Writ Applications, also affirmed upto the Apex Court, I 3 found that the petitioner is also entitled for similar relief. The Order of dismissal, dated 10.11.2001, passed by S.P., Aurangabad and the appellate order, passed by the Director General-cum-Inspector General of Police, dated 03.03.2004, contained in Memo No. 1263 have quashed. The petitioner is directed to be reinstated on the post of Constable with all consequential benefits, giving continuity in service to the petitioner, since the date of his initial joining on the post. However, salary will not be paid for the period he has not worked. With the aforesaid observations, this application is allowed. SKM (Mridula Mishra, J.)