# Bihar Police Constable vs The State of Bihar and Others

HTML version: [https://datalibertarian.in/babuwatch/incident/CW-2017-0035](https://datalibertarian.in/babuwatch/incident/CW-2017-0035)

## Report card

By judgment dated 12 October 2017 in Civil Writ Jurisdiction Case No. 5459 of 2014, the Patna High Court (Coram: Prabhat Kumar Jha, J.) upheld the disciplinary action taken against the Constable, Bihar Police (Patna district constabulary; appointed Muzaffarpur).

- Register number: BR 01 CW 0010
- Case reference: Civil Writ Jurisdiction Case No. 5459 of 2014
- Court and date: Patna High Court (Coram: Prabhat Kumar Jha, J.), 12 October 2017
- Officer(s) at the material time: Constable, Bihar Police (Patna district constabulary; appointed Muzaffarpur)
- Present service status: Recorded in the cited sources as dismissed from service.
- Provisions invoked: Not stated in the cited sources
- Finding of the Court (extract): “Therefore, in my view, the illegality should not be allowed to be perpetuated any more and the petitioner, who got his appointment through fraud and manipulation, does not deserve any leniency.” (at para 21)
- Verdict, sentence and quantum: Disciplinary action upheld. Sentence: dismissal.
- Present status of the proceedings: No further proceedings are recorded in the cited sources; the judgment is the concluded position shown.
- Source orders: [Judgment / order (primary source)](https://indiankanoon.org/doc/23417562/); [Permanent link to this record](https://datalibertarian.in/babuwatch/incident/CW-2017-0035)

**Record:** CW-2017-0035 (compiler id CWC-1021); case GAP3-105-022
**Title:** Bihar Police Constable vs The State of Bihar and Others
**Court:** Patna High Court; judges: Prabhat Kumar Jha
**Case number / citation:** Civil Writ Jurisdiction Case No. 5459 of 2014
**Judgment:** 2017-10-12 (2017, day precision)
**Incident date:** 1999-05-16 (1999)
**Place:** Patna, Bihar; city town: Patna; police station or unit: Patna district constabulary, Bihar Police; force: state_police
**Category:** Other misconduct
**Sub-category:** other
**Outcome:** Disciplinary action upheld (disciplinary_upheld)
**Officers (gated display forms):** Constable, Bihar Police (Patna district constabulary; appointed Muzaffarpur) (1 in record)
**Victims:** Not stated (0 in record)
**Sentence / compensation:** dismissal
**Sentence type:** dismissal (dismissal)

The judgment of the Patna High Court records the following account. \[name withheld\] was selected as a Bihar Police constable on 16.05.1999 under Advertisement 1/1998, where height was the sole criterion, after declaring 186 cm height in his application. A later verification ordered by the High Court found his height had been wrongly recorded and he did not meet the criterion, and the Senior Superintendent of Police, Patna dismissed him on 25.11.2013 following a departmental proceeding; his appeal (DIG, 25.07.2014) and memorial (DGP, 10.02.2015) were rejected. He challenged the dismissal under Article 226. The Court found the appointment had been secured through fraud and manipulation, held that similarly-placed wrongly measured selectees had likewise been denied appointment and illegality cannot be perpetuated, and found no merit in the writ. The writ petition was dismissed and the dismissal from service stands. Matters not addressed in the cited judgment text are not recorded here.

> Therefore, in my view, the illegality should not be allowed to be perpetuated any more and the petitioner, who got his appointment through fraud and manipulation, does not deserve any leniency.

**Sources (1):** [indiankanoon.org](https://indiankanoon.org/doc/23417562/)
**Verification:** V2 · Externally reported
**Review:** Solo Staff combined review (one combined attestation) — not yet recorded
**admin category:** misconduct
**admin subcategory:** other
**allegations:** {'category': 'Other', 'primary': True, 'position': 'Material fact supported', 'position_explainer': 'Reliable material supports a specifically documented fact relevant to that allegation, not necessarily the full allegation, causation, intent, unlawfulness, or responsibility.', 'official_finding_relation': 'supports allegation'}
**anonymised:** False
**court quote para:** 21
**display title redacted:** Bihar Police Constable vs The State of Bihar and Others
**followup history:** {'date': '2026-09-19', 'scope': 'Round-8 full re-verification: published record re-checked against the judgment text (outcome, officers, quote, key facts) plus methodology-compliance pass', 'method': 'skills-guided adversarial re-verification of the published record against the judgment text (reverify/t1-*/adversarial-8.jsonl)', 'result': 'wrong_facts', 'corrections_applied': \['court_quote', 'court_quote_para'\]}
**followup status:** checked
**institutional response:** {'date': '2017-10-12', 'action_type': 'Order issued', 'status': 'Concluded', 'authority': 'Patna High Court', 'independence': 'External', 'legal_effect': 'Binding', 'description': 'The Patna High Court upheld service punishment imposed on police personnel.', 'disposition': 'Disciplinary action · Procedural only', 'source': 'Civil Writ Jurisdiction Case No. 5459 of 2014', 'recheck': 'Not yet re-checked.'}
**last checked:** 2026-09-19
**link checked per url:** {'url': 'https://indiankanoon.org/doc/23417562/', 'link_checked': None}
**retracted:** {"is_retracted": false}
**service:** police
**source assessment:** {"established": null, "basis": null}
**status:** current
**subcategory display:** other
**tier:** Tier A — Externally reported or officially recorded
**tier badge:** Externally reported
**tier history:** Tier A — Externally reported or officially recorded
**verdict:** accept
**verdict note:** Primary source read; HC dismissed writ, upholding constable's dismissal for appointment secured by height fraud.
**verification badge:** V2 · Externally reported
**verification status:** V2
**watch:** babuwatch

Status: Disciplinary action upheld.

[Open CW-2017-0035](https://datalibertarian.in/babuwatch/incident/CW-2017-0035)