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2015 Supreme(SC) 801
SUPREME COURT OF INDIA
ANIL R. DAVE, KURIAN JOSEPH, JJ.
STATE OF U.P. – APPELLANT
VS.
DEEP NARAIN MISRA & ORS. – RESPONDENTS
CIVIL APPEAL NO.6008 OF 2015 Arising out of SLP(C)NO.11711 of 2013)
Decided on : 07-08-2015
Headnote:Service law – Appointment – Police verification required before appointment – Contention that police verification takes a lot of time and delay in appointment in question will not be in public interest – As a special case Appellants directed to give fresh appointment to the respondent no. 1 but without back wages – Further, the appointment will be subject to police verification. (Para 2, 5)
Judgment
Anil R. Dave, J.
1. Leave granted.
2. Upon hearing the learned counsel for the parties, the impugned judgment is modified to the effect that as a special case, Respondent No.1 shall be given fresh appointment before 1st September, 2015, but without backwages and seniority.
3. It has been observed in the impugned judgment that the appellant-State shall not make any appointment in future without prior police verification.
4. It appears that it would be very impracticable, as stated by the learned counsel for the appellant that the police verification takes lot of time and if the person is not appointed till the verification is done by the police, it would not be in the interest of the State.
5. In the circumstances, the observation with regard to appointment only after police verification is set aside but the appointments made, shall be subject to police verification.
6. The appeal is allowed with no order as to costs.
7. It is made clear that this order, so far as it pertains to appointment of Respondent No.1 is concerned, shall not be treated as a precedent.
