VidhiSangh

Supreme Court of India · 05/12/2024

BASUDEV DUTTA versus THE STATE OF WEST BENGAL & ORS.

[2024] 12 S.C.R. 418 · 2024 INSC 940

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Summary

The Supreme Court set aside the termination of an Ophthalmic Assistant after about 26 years of service. The termination rested on a secret police verification report, received about 25 years after he joined, declaring him 'unsuitable'. The show cause notice and the termination order gave no reasons, the report was never supplied to him, and he was given no personal hearing. The Court restored the Tribunal's order, withdrew the liberty to hold fresh proceedings, granted all service benefits, and directed police in all States to complete verification of Government appointees within six months of appointment.

Issues

  1. Whether the appellant, who came from East Pakistan in 1969 with his father under a migration certificate, could be treated as a non-citizen without any decision under the citizenship laws.
  2. Whether the termination violated natural justice because neither the show cause notice nor the termination order gave reasons, the police verification report was not supplied, and no personal hearing was given.
  3. What follows from the police authorities' unexplained delay of about 25 years in submitting the verification report.
  4. Whether the High Court rightly set aside the Tribunal's order quashing the termination.

Provisions considered

Held

Result

Appeal allowed; High Court order set aside and the Tribunal's order quashing the termination restored, without the liberty to proceed afresh; unpaid service benefits to be paid within three months; directions issued to police in all States on time-bound verification; no order as to costs.

Judgment PDF: Supreme Court of India, [2024] 12 S.C.R. 418.