Complete Enquiry on Character, Antecedents, Nationality & Documents of Candidates Selected for Government Service Within 6 Months of Appointment: SC

The Court allowed the appeal by restoring the decision of the West Bengal State Administrative Tribunal (Tribunal) and set aside the order of the Calcutta High Court, which had upheld the termination of the Appellant, an Ophthalmic Assistant in the Health Department of West Bengal. The Bench clarified that only upon verification of the credentials of the candidates, their appointments will have to be regularised so as to avoid any complications.

The Bench of Justice J.K. Maheshwari and Justice R. Mahadevan reiterated “The given factual matrix would also compel this Court to issue a direction to the police official(s) of all the States to complete the enquiry and file report as regards the character, antecedents, nationality, genuineness of the documents produced by the candidates selected for appointment to the Government service, etc., within a stipulated time provided in the statute / G.O., or in any event, not later than six months from the date of their appointment. It is made clear that only upon verification of the credentials of the candidates, their appointments will have to be regularized so as to avoid further complications, as in the case on hand.”

Advocate Raj Kumar Gupta represented the Appellant, while Senior Advocate Biswajit Deb appeared for the Respondents.

The Appellant, who migrated to India from East Pakistan (now Bangladesh) with his father in 1969, was appointed as an Ophthalmic Assistant by the Director of Health Services, West Bengal, in 1985. The appointment was based on satisfactory medical and police verification reports. It was alleged that after 25 years of unblemished service, a police verification report declared him unsuitable for employment, leading to his termination.

The Appellant challenged the termination before the Tribunal, which ruled in his favour. However, the High Court set aside the Tribunal’s order and upheld the termination, prompting the present appeal.

The Supreme Court stated that the delay of 25 years in submitting the police verification report was “arbitrary, illegal and in violation of the principles of natural justice and it cannot be sustained.” It was pointed out that the Appellant was rendered ineligible to receive his pensionary benefits, though he had put in 26 years of unblemished service.

“Curiously, in all these documents, including the show cause notice, no reason was mentioned as to why the appellant was considered as ‘unsuitable’ for employment to the post of Ophthalmic Assistant. Furthermore, the alleged police verification report was not served on the appellant. As such, the appellant was unable to make his defense with supportive materials. Resultantly, he was terminated from service,” the Court remarked.

The Court noted that the Appellant was not provided with a copy of the police verification report or an opportunity to respond to its findings. The termination order also failed to disclose any specific reasons for deeming him unsuitable, thereby violating the principles of natural justice.

Consequently, the Court held, “However, the High Court erroneously allowed the writ petition filed by the State and set aside the order of the Tribunal by observing that the action of the authorities in issuing a show cause notice and inviting a reply therefrom and the availing of such opportunity by the appellant, is in adherence with the principles of natural justice. Hence, we are inclined to set aside the order of the High Court and restore the order of the Tribunal to that extent.”

Accordingly, the Supreme Court allowed the Appeal.

Cause Title: Basudev Dutta v. State of West Bengal & Ors. (Neutral Citation: 2024 INSC 940)

Appearance:

Appellant: Advocates Raj Kumar Gupta and Mayank Agrahari; AOR Shekhar Kumar

Respondents: Senior Advocate Biswajit Deb; Advocate Shwetank Singh; AOR Anando Mukherjee

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