MD.MANZOOR ALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) FROM the pleadings it is clear that on special grounds the petitioner was appointed as a Constable. He was not appointed upon complying Rule 661B as prescribed in the Police Manual. The said Rule having been created by the Government, in exceptional circumstances, the Government could relax the same. None of the Officers of the Government could, however, relax the said Rule. To that, there is a judgment which is binding on me.

(2.) IN the instant case, there is no dispute that the Government relaxed the said Rule to appoint the petitioner as a reward for his bravery. It appears that many appointments were given on special ground during the tenure of Mr. S.K.Saxena when he was the Director General of Police, Bihar. Those appointments were investigated, which revealed that some of such appointments were illegal. Instructions were accordingly issued to bring to an end such appointments. As a result, the petitioner has been told that his appointment was irregular and, accordingly, by the impugned order, his services too were terminated.

(3.) IN those circumstances, having had appointed the petitioner on 1st June, 1997 in the circumstances as above, on 1st March. 2002 by the impugned order the petitioner could not be told that such appointment is irregular/illegal. The matter must thus be concluded and, accordingly, the order dated 1st March, 2002 is set aside.